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ABI-Live: Bankruptcy v. Offer in Compromise: Alternatives to Resolving Tax Debts

Tax debts are often viewed as unsurmountable obstacles to a financial future. Both businesses and individuals have options. One popular program is the “Offer in Compromise”, which allows taxpayers to wipe out their tax debts for less than is owed. Bankruptcy is also a powerful solution for certain types of tax liabilities. This webinar will explore which resolution option will be the most effective restructuring tool.
1 hour 20 minutes 9 seconds

Effective Motion Practice: Pointers, Checklists, Templates, Best Practices and More

Sharpen your motion-practice skills and become a more effective and prepared advocate for your client by attending this practical session. Focusing on chapter 11 cases, panelists will discuss tips and practice pointers for motions for relief from stay, asset sales, post-petition financing, use of cash collateral, 2004 exams and more. Presentation of arguments and evidence will be discussed, and checklists and forms will be distributed.

Unlike Death and Taxes: A Review of Important Recent Cases and Trends

Join this panel of experts from across the country as they discuss and analyze the latest issues and recent important bankruptcy and insolvency decisions from the Supreme Court, circuit courts of appeals and lower courts, and what issues could soon be addressed by the appellate courts.

Real Estate Bankruptcy Issues

Join notable experts as they dive into royalty interests: real property or contract interest?, abandonment and environmental liabilities, the Uniform Assignment of Rents Act, are foreclosure sale purchases protected from avoidance under § 547?, circuit split: application of anti-modification clause to mixed-use properties, § 363(h): an oft-forgotten-yet-powerful tool for co-owners of commercial real estate, in the absence of default, are landlords entitled to attorneys’ fees as cure costs upon lease assumption and assignment?, the meaning of “surrendering” real property under § 521, does termination of a lease constitute a “transfer” under 11 U.S.C. §§ 547 and 548?, and adequate-protection issues.

Rounding Up the Unusual Suspects: Bankruptcy for Nontraditional Debtor Entities

This panel will cover unique bankruptcy issues affecting unincorporated debtors, including general and limited partnerships, limited liability companies and trusts. Beginning with issues of eligibility and authorization to file a petition, the panelists will cover questions that arise throughout the life of a bankruptcy case, including executory contracts, fiduciary-duty disputes, sales and pledges of ownership interests, and control over these noncorporate entities.

Solving the LLC Puzzle in Bankruptcy

The Limited Liability Company is an ever more popular business entity structure. Its popularity makes perfect sense in that it is designed to limit owners’ personal liability and to provide greater contractual flexibility in all aspects of company ownership, management, allocations, and distributions, among many other things. LLCs may also offer significant tax benefits. However, state LLC law and its interplay with federal bankruptcy law is a minefield of trouble for the LLC debtor or where one or more members of an LLC are the debtors in a bankruptcy proceeding. This panel will explore the unique issues that LLCs present in bankruptcy. Believe it, if you have not seen this issue yet, you are about to!

E-Discovery: How to Avoid Being TAR-ed and Feathered

This program will explore (i) how courts have implemented recent rules dealing with e-discovery; (ii) TAR and other software tools to manage e-discovery; and (iii) unique e-discovery issues in bankruptcy cases and adversary proceedings.

Cutting-Edge Chapter 11 Issues – 40 Years After the ’78 Reform Act

How Clear is “Free and Clear” under § 363? You’re a Real Character: When Can Debt Be Recharacterized as Equity? How Can I Get a One of Those: A Third Party Release? A panel discussion of lawyers with more than 100 years of bankruptcy experience, moderated by a bankruptcy judge who used to be a corporate lawyer. The panel will discuss recent court decisions and focus on unique issues that can arise when a debtor seeks to sell estate property “free and clear,” including whether § 363 can be used to sell real property free of an otherwise valid lease, the debate over whether and under what circumstances a bankruptcy court may rule that a facially valid loan is really subordinated equity, and whether post-Stern bankruptcy courts have the authority to grant releases to non-debtors and, if so, under what conditions.