Welcome by Program Chairs and Nuts & Bolts Program
Join us as we demystify bankruptcy in this primer for new lawyers and lawyers new to bankruptcy.
ABI-Live: Student Loans in 2023: Is Bankruptcy Finally a Viable Option?
Hosted by the Consumer Bankruptcy Committee
Join our panelists as they discuss the DOJ’s new student loan guidelines and provide context on how the guidelines will impact debtor attorneys, trustees and other entities in the bankruptcy process.
Cayman Update
This panel will focus on recent updates and trends in the Cayman Islands related to arbitrations and mediations, Russian sanctions and other important developments.
What Do You THINK You Know About Subchapter V?
This panel will discuss challenges faced by bankruptcy practitioners in subchapter V cases, including unique eligibility issues, effects of conversions, subchapter V trustee powers and obligations, among other developing topics and recent case law updates. The panelists also will discuss the strategic differences and approaches to be considered by parties in interest in a subchapter V case.
Getting Blood Out of a Stone: Who Can Get Paid Administrative Expenses Out of the Assets of an Insolvent Cayman Company
This panel will discuss what liquidation expenses are; proofs-of-debts costs; submission, adjudication and appeals; creditor committee costs; trusts; liquidators as trustees (Berkeley Applegate); and liquidating trusts.
Chapter 11 Update
This panel will discuss hot topics in 2022 chapter 11 filings, including the “Texas Two-Step” strategy (e.g., J & J/JTL Management, LLC, Certain Tweed/DBMP LLC, Georgia Pacific/Bestwall, and Trane Technologies/Aldrich Pump) and 3M; Siegel v. Fitzgerald (what happens now, and what the remedy will be on remand); an update on third-party releases; and bankruptcy-related cases the Supreme Court is going to hear this term.
Cross-Border Fraud
This panel will discuss the latest updates on cross-border fraud issues, including the cross-border interplay between the SEC and U.S. state receiverships, domestic litigation, and liquidations in the Cayman Islands. The panelists will highlight the SEC v. TCA Fund case, which involved a huge fraud committed on investors in a master feeder structure, the issues surrounding the Florida receiver’s motion to approve a distribution plan in that case, and the conflict with Cayman law that, if applied, would produce a drastically different result than the plan proposed by the receiver.
Administrative Expenses Under § 503
This panel will discuss some key issues under § 503 of the Bankruptcy Code, including substantial contribution claims (§ 503(b)(3)(D)), § 503(b)(9) claims for goods received by a debtor within 20 days of the petition date, and insider incentive payments under § 503(c).
Judge’s Roundtable: Ethics Issues
This panel will focus on the ethical risks involved in serving as local counsel, special counsel and conflicts counsel. The panelists will discuss the role of the court in monitoring and reviewing the scope and responsibilities of counsel in each of these roles, and will discuss relevant case law impacting an attorneys’ ethical obligations, both to clients and to the court.