2017 Winter Leadership Conference

This panel will present a roundtable discussion.

Ten years ago, the consumer bankruptcy bar was facing an unknown world with the passage of BAPCPA. Areas of concern included the means test, the determination of “presumptions of abuse,” the definitions of “excess disposable income” and how it varied from “disposable income,” and the stringent limitations on the claims of exemptions by debtors. This panel will examine the case law that has evolved and will review how consumer bankruptcy cases are being administered in light of BAPCPA. Has the outcome been what the drafters intended it to be, or is consumer bankruptcy practice essentially the same 10 years later?

Resolved: A chapter 11 plan can grant a third-party release. Resolved: A bankruptcy judge can disband a creditors’ committee. Resolved: Filing a proof of claim on a time-barred debt violates the FDCPA

Commission members will report on the Commission’s progress and final recommendations to Congress.

Educational Session of Committees: This panel will provide an overview of the different types of intellectual property and licenses that might exist in a debtor’s estate. The panel will focus specifically on the importance of IP as a hidden asset in bankruptcy cases and the substantial value that can be created for unsecured creditors by properly identifying and leveraging such assets.

The Till v. SCS Decision was handed down in May 2004, making 2014 the 10-year anniversary of one of the most important bankruptcy decisions of all time. This panel, which features the lawyers who argued the matter before the Supreme Court (Eric Brunstad), as well as others who have argued significant post-Till interest rate cases, will discuss the evolution of Till and where we are today.

This panel will conduct a mock confirmation hearing in an individual’s chapter 11 case. Issues unique to individuals who file for chapter 11, such as the applicability of the absolute priority rule and best efforts under § 1129(a)(15), will be explored during the course of the mock hearing.

This panel will explore cutting-edge issues dealing with the ethical implications of social media and advancing technology on the practice of law. Issues to be discussed include professional responsibility requirements for attorneys using social media for advertising and other purposes, best practices for crafting social media policies, and a review of recent case law and state rules and opinions.

This panel will discuss how a number of recent bankruptcy decisions have curtailed the rights of the “new” investor, including hedge funds, to obtain the typical benefits that a buyer would otherwise be entitled to in a bankruptcy case. The focus will include a review of rulings in which a secured creditor’s rights to credit-bid in connection with a § 363 asset sale were limited and in which a hedge fund’s vote was not counted. Is this fair? Should your claim be worth less if you buy at a discount?

This is not your run-of-the-mill current developments session. The all-star members of this panel will explore recent consumer topics, case law and rules, and proposed rules and forms, and will offer their varying opinions and arguments in a lively debate-filled format that is sure to enlighten and entertain.