Post-Confirmation Liquidating and Litigation Trusts
This panel will discuss the process of developing and implementing post-confirmation trusts, including the transfer of litigation claims to a trust, claimant direct claims vs. company claims, trustee with discretion vs. board with veto power, voting by beneficiaries, reporting, distribution issues, funding, post-confirmation jurisdiction and involvement of the bankruptcy court, trustee liability, quasi-judicial immunity and indemnification, and interim and final distributions and tax considerations.
Ins and Outs of Dealing with Tax Claims
This panel will cover issues relating to the discharge of tax claims, objecting to tax claims and the utility of § 505, the consequences of not having tax returns on file as of the petition date, and other tax-related issues that impact debtors.
Winding Down Companies When Bankruptcy Is Not an Option
This panel will discuss alternatives to formal bankruptcy, including assignments for the benefit of creditors, abstention of a bankruptcy case under § 305, receiverships, state law dissolution and out-of-court workouts.
How to Handle Challenging Clients and Conflict Issues in Individual Cases
This panel will discuss (a) interactions with clients who have mental health problems, lying clients and unreasonable clients; and (b) spousal conflicts, joint individual and business case conflicts, conflicts that arise when changing firms, and multiple-owner business case conflicts.
Be Careful What You Ask For: Risks and Benefits of Involuntary Bankruptcy Filings
This session will provide an overview of the requirements to file an involuntary bankruptcy case and the advantages and pitfalls that arise from these filings, including petitioner liabilities.
Update Regarding Automatic Stay and Discharge Issues
This panel will discuss automatic stay and discharge injunction violations arising from withholding property to collect, statutes of limitations, and exceptions to discharge after Husky.
What Are the Limits of Sale, Plan and Constitutional Mootness?
Three avenues for appellate courts to dismiss bankruptcy appeals are sale, plan and constitutional mootness. This panel will discuss the strengths and limitations of these three approaches, which appellate courts are increasingly gravitating toward and departing from, and steps and arguments parties can make to improve their chances of success in obtaining (or avoiding) dismissal of a bankruptcy appeal as moot.
Very Good Debates: Judicial Debate
Resolved: Hiring an independent CRO displaces the need for the appointment of a chapter 11 trustee under § 1104(e) of the Bankruptcy Code.
Resolved: Holders of acquired claims should be required to disclose the basis in such a claim as a condition for seeking relief in a bankruptcy case.
Resolved: Holders of acquired claims should be required to disclose the basis in such a claim as a condition for seeking relief in a bankruptcy case.
“They Sold My House — and You Said It Was Safe!”
This panel will discuss the chapter 7 trustee’s ability to avoid and surcharge the taxing authority’s secured lien for the benefit of the estate. The panelists will review in detail 11 U.S.C. § 724 and related Code sections, the proper procedural approach, preemption, and related § 363 sales and their implication on property that debtor’s counsel thought was safe or exempt.