Claims

Presented by the Claims Trading and Commercial Fraud Committees A review of relevant statutory and case authority surrounding issues of fraud and plan confirmation. What is fraudulent? What is ethical? What is simply good lawyering? This program will explore these and other concerns around claims trading and the potential for manipulation of the bankruptcy plan process.

What are the hottest topics in bankruptcy law? This panel of experts, moderated by ABI Editor-at-Large Bill Rochelle, will discuss and analyze current business and consumer bankruptcy law cases.

Hosted by The Claims Trading Committee Amid the financial crisis due to the COVID-19 coronavirus, when is a trade (whether it is bank debt, bond debt, bankruptcy trade claim) a trade? When are they broken, despite industry standards and practices? Listen to a panel of experts explore the answers to these questions and more.

This session will discuss hot-button issues relating to claims trading, including the Supreme Court’s ruling of nonstatutory insider status as clear error, as opposed to de novo (In re The Village at Lakeridge LLC); eligibility to vote an assigned claim (In re ASHINC Corp. and In re LightSquared Inc.); disallowance of a transferred claim subject to preference challenge (In re K-B Toys); and other legal issues common to claims trading and litigation finance in bankruptcy.

This panel will cover the effects of the recent Supreme Court decision under § 546(e) of the Bankruptcy Code, valuation of avoidance actions, pre-bankruptcy planning, creditor intervention, and conflicts preventing individual debtors from pursuing claims.

Resolved: Hiring an independent CRO displaces the need for the appointment of a chapter 11 trustee under § 1104(e) of the Bankruptcy Code. Resolved: Holders of acquired claims should be required to disclose the basis in such a claim as a condition for seeking relief in a bankruptcy case. Resolved: Holders of acquired claims should be required to disclose the basis in such a claim as a condition for seeking relief in a bankruptcy case.

This panel will explore the impact of unknown (or unknowable) claims and best practices for attempting to bar such claims through a chapter 11 plan or § 363 sale. The panelists will address cases involving product liability (including the recent GM case), environmental claims, and other situations where due-process concerns could limit the ability to bar such claims.

Judicial Debate Resolved: A debtor must obtain a judgment under chapter 5 of the Bankruptcy Code before it may invoke disallowance of a claim under section 502(d). Business Debate Resolved: Cure and reinstatement of a credit agreement under 1124(2) requires the payment of default interest. Consumer Debate Resolved: Flat fees that are earned upon receipt may not be recovered by chapter 7 trustee upon the rejection of the fee agreement.

Discussion of various claims related topics and issues including the impact and implications of the Supreme Court’s May 2017 decision in Midland Funding, LLC v. Johnson.