Claims

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.

This session will highlight particularly interesting case law developments to date in 2017 and their impact on bankruptcy law and practice.

This panel will examine the strategies for dealing with unknown claims in chapter 11, the limits that due process places on those strategies, and the impact that the Second Circuit’s recent decision in In re Motors Liquidation may have on those strategies going forward.

Equal Monthly Payments; Consequences of Surrender and Pay Direct; Rule 3001(c) issues; Fee-Shifting under Rule 3002.1; Circuit Splits on Service of Objections to Claims and Bar Dates for Secured Creditors; Unscheduled Claims

This must-attend annual favorite will cover all recent current bankruptcy law decisions and consumer bankruptcy law issues.

Mortgage escrow accounts remain a mystery in many cases as debtors’ and creditors’ attorneys both struggle to understand the calculations set forth in them and the effect they have on chapter 13 cases. This panel will focus on escrow accounts, as well as new proof-of-claim forms and how they treat escrow accounts.

Consumer Debate Resolved: An out-of-statute proof of claim violates the FDCPA. Business Debate Resolved: Assets can be sold free and clear of liens in state court receiverships. Judges Debate Resolved: Third-party releases should not be allowed in chapter 11 plans.