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Wyoming State Approved Sessions

ABI-Live: Husky Aftermath – Where Do Things Stand With "Actual Fraud"?

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Courts wrestle with applying Husky to except from an individual’s discharge creditor claims involving fraud or fraudulent transfers. Some courts carve a narrow path, while others take the opinion at its fullest meaning, suggesting a broad new cause of action for nondischargeability. This is especially true for directors and officers who use their control of nondebtor entities to benefit from fraudulent activity, including actual and constructive fraudulent transfers. Such actions also give rise to related breach of fiduciary duty claims and aiding-and-abetting liability that likewise could prove to be nondischargeable. The panelists will debate claims and defenses based on the evolving case law, and share their views on what lies next.

Retail Restructuring and Liquidation

This panel will discuss strategies and key topics involving the restructuring or liquidation of retail operations. The panelists will address landlord issues and claims, as well as the interplay of §§ 363 and 365, among numerous related matters.

Hiring and Roles of Receivers and Examiners

This panel will focus on the selection and roles of receivers and examiners, addressing various authorities for the hiring of receivers and examiners and the differences between state and federal law. The panelists will also describe the role of such professionals and provide examples, such as how to deal with governmental entities.

Small- and Closely Held-Business Issues

This business/consumer crossover panel will tackle various issues relating to small-business cases, including the formation issues involving corporate governance documents and restructuring issues, as well as the sale of minority interests and the filing of the small business and small business owner.

Chapter 13 Hot Topics

This panel will address numerous chapter 13 hot topics, such as the use of the national plan, modified national plan and local plans, the treatment of special claims in plans, end-of-case issues, the modification of plans and related topics.

Discharge and Dischargeability Issues

This panel will address various discharge and dischargeability issues such as standing, imputation of knowledge and limitations on reopening cases.

Chapter 11 Plan-Confirmation Issues

This panel will address various plan-confirmation issues, including third-party releases, equitable mootness, post-confirmation trusts, and the impact of cases such as Sunnyslope and Millennium Labs.

Conflict Issues and Getting Paid

This panel will address various ethical issues including conflicts, chapter 7 bundling and payment arrangements, and chapter 11 retention and fee applications. Learn how to identify potential conflicts, and discover strategies to deal with them. The panel will also discuss the negotiation of fee agreements before and the application for payment of fees during bankruptcy cases.

ABI Talks

Join us for a round of the “ABI Talks,” with speakers focusing on the ABI Consumer Commission, litigation finance in bankruptcy, transfers and more.