South Carolina State Approved Sessions

As same-sex marriage continues to be sanctioned in states across the county, issues about the treatment of same-sex couples in bankruptcy have emerged. Does the Defense of Marriage Act (DOMA) limit a joint same-sex couple’s right to seek bankruptcy protection? How do same-sex divorces and support obligations impact the rights and obligations of debtors? And in states where only civil unions are available to same-sex couples, does that distinction lead to a meaningful difference for those seeking bankruptcy protection? This panel will discuss and debate the effect of DOMA on bankruptcy cases, the unique issues facing same-sex debtors and their families, and strategies to get debtors in same-sex relationships the debt relief they need.

Learn to think through an individual Chapter 11 plan and spot critical issues that can affect your case. A panel of experienced individual Chapter 11 practitioners and a member of the judiciary will guide you, step by step, through a successful individual Chapter 11 case, and discuss problematic issues and solutions you can implement in your individual Chapter 11. Topics include: - Creating a budget on your schedules - Calculating your plan - Working with the US Trustee’s office - Tax issues - Application of the absolute priority rule - “Deemed” voting - “Reasonable and necessary” expenses - Addressing secured mortgage debts in the plan

Discussion of alternative dispute resolution and mediation procedures and strategies; enforceability of mandatory arbitration clauses in bankruptcy.

Discussion of restaurant/franchise business reorganization issues.

Does the absolute priority rule still require absolute priority?; protecting stock transfers from avoidance actions through the use of 11 U.S.C. § 546(e); implications of the Dodd-Frank Act; substantive consolidation; liquidating Chapter 11s: potential conflicts of interest when unsecured creditors’ committee is the liquidating agent; credit-bidding issues.

Amendments to Fed. R. Bankr. P. 3001; payment of tax claims; if a debtor surrenders real property post-confirmation in a Chapter 13 case, can the creditor file a deficiency claim and be paid under the Chapter 13 plan?; treatment of claims for ongoing condominium dues that accrue post-petition in a Chapter 13 when the debtor proposes to surrender the collateral.

11 U.S.C. § 522(d)(12) exemptions IRAs, retirement accounts opened prior to filing; undisclosed assets: circumstances can debtors amend schedules to exempt undisclosed assets?