Practice and Procedure

Bankruptcy judges sound off on the best (and worst) behavior of our bankruptcy brothers and sisters. Join us in our first ABC-sponsored session!

Have you ever had your expert sink your case with the wrong words? This no longer needs to be the case. Learn how to get the best testimony out of nonprofessional witnesses, including business owners and CFOs. This panel will discuss various evidentiary matters, including the use of affidavits, how to get hearsay in, special rules for business owners (valuation testimony and how to make it credible), direct testimony and business records.

Hosted by the Unsecured Trade Creditors Committee The speakers for this webinar will discuss creative plan provisions, confirmation issues, and other tactics used to ‘stack the deck’. In addition, the panel will discuss gerrymandering, vote incentivization schemes, drop dead provisions and golden shares, and whether or not these schemes constitute creative lawyer or a contortion of the Code.

Hosted by the Technology & IP Committee The use of technology in courtrooms is developing at a rapid pace. This webinar will offer the insight into the many ways in which technology may be used in bankruptcy cases. In particular, the webinar will include discussions regarding the various requirements in differing jurisdictions (both domestic and international in both Ch. 11 and Ch. 15) and offer the perspective of Judge Drain regarding how practitioners may use technology to improve their presentation in the courtroom.

Sharpen your motion-practice skills and become a more effective and prepared advocate for your client by attending this practical session. Focusing on chapter 11 cases, panelists will discuss tips and practice pointers for motions for relief from stay, asset sales, post-petition financing, use of cash collateral, 2004 exams and more. Presentation of arguments and evidence will be discussed, and checklists and forms will be distributed.

This panel will help sort through the following questions: What districts are adopting the model chapter 13 plan? What changes are being made to current form plans to conform to the requirements of the model form? How will the shortened deadline for filing proofs of claim affect chapter 13 administration? How will the new rules promulgated by the CFPB affect mortgage lenders and consumers?

This panel will help you sort through the following questions: How do you avoid missing deadlines in a fast-paced practice? How do you avoid ethical issues when advising clients and preparing witnesses? What are the requirements for and limitations on fee agreements? How do you deal with incomplete or factually inaccurate statements by your client?

Speakers and attendees will cover such topics as the 10-year look-back period, valuation of a constructive fraudulent transfer, objective vs. subjective valuation, the § 546(e) defense and issues involving deposit accounts.