Kentucky State Approved Sessions

This panel will discuss why experts are needed for cramdown analysis and other plan-confirmation issues raised by the Supreme Court’s decision in Till, including how to identify, select, prepare and present experts on Till confirmation issues.

This panel, which includes a bankruptcy judge, experienced litigators, and an expert witness, will explore through a mock trial various evidentiary issues that routinely arise in trials in bankruptcy court.

This panel will provide updates on the law and suggest the necessary tools for your consumer tax toolbox, in particular chapter 7 vs. chapter 13, what happens to IRS claims after discharge, offers in compromise, when creditors can send a 1099, whether a debtor can ask a creditor not to send 1099 as part of a settlement; and other thorny tax issues frequently facing consumer bankruptcy lawyers.

This panel will explore how to navigate the myriad issues caused by bad-faith chapter 11 filings and will discuss current case law and trends, including how and when a case should be dismissed, whether a business entity can be formed by real estate investors solely to file a chapter 11 bankruptcy, venue-shopping and a host of other issues.

This panel will discuss the increasingly prevalent use of receiverships under state and federal law by lenders to distressed companies as an alternative to bankruptcy. But the two schemes are not mutually exclusive, and sometimes they collide. The panel will explore the various legal and practical differences, benefits and disadvantages of receiverships vs. bankruptcy, and issues that arise when the two meet.

Health care bankruptcy filings went up 38 percent between 2010-14. This panel will examine current issues facing the health care industry and the intersection of health care law and bankruptcy. Topics will include 363 sales, reorganization, issues related to provider agreements, regulatory issues and health care ombudsmen.

Hear from a noted Supreme Court scholar and the Reporter to the ABI's Commission to Study the Reform of Chapter 11.

NO CLE Credit Available - Free Session. Join in a dialogue led by former ABI Presidents: Richardo I. Kilpatrick Kilpatrick & Associates, PC; Auburn Hills, Mich. Melissa Kibler Knoll Mesirow Financial Consulting, LLC; Chicago Michael P. Richman Hunton & Williams LLP; New York

This panel will explore key chapter 11 plan confirmation issues by way of a live demonstration of a confirmation hearing. The demonstration will address the most commonly litigated legal issues with respect to plan confirmation, the evidence required to satisfy those requirements, and in particular, how to present and cross-examine experts in connection with feasibility. How would you rule?

Class action lawsuits in both business and consumer cases are becoming more prevalent. Are you wondering whether your clients’ WARN Act claims would be better pursued against a debtor company in a class action adversary proceeding or in a class proof of claim, or both? If your client has been sued in a debtor’s consumer class action adversary proceeding, do you know the best defenses against class certification? ABI’s panel of experts will explore the potential benefits and pitfalls of class actions by creditors against debtor companies and by debtors/trustees against creditors and others by highlighting recent appellate and bankruptcy court decisions.