Preferences

Join ABI Editor-at-Large Bill Rochelle as he hosts a panel of bankruptcy judges to discuss circuit splits on important bankruptcy issues. Back again from the Annual Spring Meeting, this attendee-favorite panel will be presented in a fun game show format, where judges will vote to resolve the issues before they reach the U.S. Supreme Court.

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 Young and New Member Committee The panel will discuss the Small Business Reorganization Act’s requirement that a trustee (or debtor-in-possession) take into account a defendant’s defenses before bringing an action. This amendment, which is applicable in all cases, requires the plaintiff to engage in reasonable due diligence regarding a defendant’s affirmative defenses before initiating a preference action. The panel will discuss different approaches to satisfy the new requirement.

This session will discuss the implications of this Supreme Court decision, whether gifting is over, alternative avenues of distributions outside of a plan (e.g., pursuant to DIP order, Short Bark), and remand issues in Jevic.

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

The panelists will present a mock hearing during which they will adduce evidence from plaintiff and defense witnesses and make legal arguments on various topical issues that arise in a preference action. Among the matters to be discussed will be timely issues involved in preference actions, including both the new value and ordinary course of business defenses, as well as the use of state law preference actions and safe harbors.

The rules regarding recovery of preferential transfers and available defenses can vary from court to court and circuit to circuit. This panel will provide financial advisors with what they need to know to understand the current state of the law on preference recoveries and will provide practical advice to enable financial professionals to conduct their own preference analyses.