Ethics
This panel will address current ethical topics relating to attorney and client conduct in the context of out-of-court and bankruptcy restructurings.
Playing for Profit: The Bondholder’s Playbook
The existence of multiple bondholders can impose uncertainty and gamesmanship in a contest for economic gain from distressed corporate situations. The paper that they hold rarely tells the whole story; bondholders may have competing investments, undisclosed hedges and varying purchase price discounts that make it impossible to determine their true position. This panel will explore issues related to bondholder-led restructurings and takeovers, including the operation of ad hoc committees, the role of indenture trustees, conflicts, disclosures, subordination and deal structures.
CONSUMER TRACK: What Is Hot in July Besides the Weather? Litigation in Consumer Cases, Part I
This two-part panel will cover a potpourri of current hot topics being litigated in chapter 7 and 13 cases, with a special focus on LVNV v. Crawford and related litigation, consumer protection (including the basics of credit reporting and regulatory actions), mortgage modifications and post-discharge actions, and the UST’s enforcement activities.
CONSUMER TRACK: What Is Hot in July Besides the Weather? Litigation in Consumer Cases, Part 2
This is the second part of a two-part panel that will cover a potpourri of current hot topics being litigated in chapter 7 and 13 cases, with a special focus on LVNV v. Crawford and related litigation, consumer protection (including the basics of credit reporting and regulatory actions), mortgage modifications and post-discharge actions, and the UST’s enforcement activities.
CONSUMER TRACK: Bankruptcy and Divorce: Critical Issues for Attorneys (and the Start of a Sad Country Song)
Domestic-support obligations, the impact of the automatic stay in domestic-relations cases, discharge litigation in chapter 13s, the retention of domestic-relations counsel in bankruptcy, same-sex spouses in bankruptcy cases in states where same-sex marriage is not recognized, and other “cheerful issues” frequently confronted in cases that involve both financial distress and domestic problems. This panel will provide an update on these and other important legal topics in this dark area of bankruptcy law.
Don’t Have Egg on Your Face: Breakfast with the Judges
Enjoy a breakfast discussion with the judges of the Southeast Bankruptcy Workshop.
Ethics Session: Say Hello to My Little Friend, LLC: Ethical Issues Related to “Aggressive” Asset-Protection Planning and Lying Clients
This presentation will discuss ethical issues relating to representing debtors who have engaged in “aggressive” asset protection/exemption planning, the problem with using involuntary bankruptcies to resolve corporate disputes, issues on representing involuntary debtors, and what to do about clients who lie under oath or knowingly fail to turn over discovery.
Case Updates: Business and Consumer Developments
Find out the latest about the cases that keep you up at night.
Yes, but Don’t Forget the Kitchen Sink: Secured Creditors’ Right to Recover Principal + Interest + Default Interest + Original Issue Discount + Late Fees + Prepayment Premiums + Fees + Expenses
This panel will examine and discuss the rights of oversecured lenders to obtain recoveries that go beyond principal and ordinary interest and recent case law dealing. The panel will focus on the right of oversecured lenders to recover late fees, reimbursement of attorneys’ fees, make-whole provisions/pre-payment premiums, original issue discounts and default interest.