Video

Neither the Bankruptcy Code nor the Bankruptcy Code’s legislative history contains an exception to the Federal Arbitration Act (FAA). As a result, bankruptcy courts grappling with whether to enforce an arbitration clause in bankruptcy have focused on whether there is an inherent conflict between the Bankruptcy Code and enforcement of arbitration pursuant to the FAA. The determination that arbitration is required could be the death knell for bankruptcy debtors. This panel will explore, in instances where arbitration is required, how to avoid jeopardizing the central objectives of the Bankruptcy Code that enable debtors to obtain a fresh start, as well as how to ensure uniformity of results to avoid what could be “wildly inconsistent” outcomes in arbitration that impact debtors on an individual and case-by-case basis.

There have been significant challenges to the roles that counsel to debtors and creditors have played in chapter 13 cases since the enactment of BAPCPA, with little recognition that the success in completing a case through discharge is directly proportional to the efforts of the professionals involved in the proceeding, often in the face of contending with very difficult clients and circumstances. Many programs focus on the poor behaviors of counsel in an effort to provide examples or what “not to do.” This interactive ethics panel will require the panelists to take on role-reversals and encourage audience participation and debate about what can be done to support experienced professionals, and to avoid the continued diminution of the practice by having parties take on the challenges of the “other side.”

The purchaser has bought all the assets, and management has a new boss. Who is left to clean up, and what are the tax, governance, potential claims against management and D&O implications that need to be addressed should the case convert? This session will address these issues and more.

This session will be an interactive program that will inform participants and provide guidance concerning fundamental issues and best practices surrounding professional responsibility and ethical conduct. Part trivia, part panel presentation, the session will engage participants to self-select “answers” from several Jeopardy categories focused on issues of interest, then provide the corresponding “questions” (prizes will be awarded). For each answer/question, our panel will provide analysis and commentary. Plus, you get ethics credit just for showing up!

Earlier this year, a chapter 11 case was filed and a plan confirmed in 19 hours. A one-day prepack offers several advantages to creditors and debtors alike. What cases are a good fit for a lightning-speed chapter 11, and what due process concerns must be satisfied?

Will the new Small Business Reorganization Act lead to more successful restructurings and fewer liquidations of small businesses while still protecting creditors’ rights?

Is there too much emphasis on reducing student loan debt, including through bankruptcy, and not enough about the real causes of skyrocketing college costs?

This panel will explore recent cases and trends of credit bidding in chapter 11 cases. Many lenders are now requesting up-front approval of credit bid rights in debtor-in-possession financing orders, which would curtail the bankruptcy court’s ability to modify or limit credit bidding rights under Bankruptcy Code § 363(k) later on when the assets are auctioned. The panel will examine recent decisions on credit bidding and what limitations courts have applied to a secured creditor’s right to credit bid in bankruptcy cases. The panel will also explore cross-border issues concerning credit bidding on groups of assets that are be owned by foreign entities, and the interplay between courts concerning the sale of these types of assets.

This panel will be led by a senior program analyst for the Law Assistance Program for the State Bar of California and will be an interactive discussion about how prevalent substance use and mental health issues are among attorneys, and how substance use and mental health issues impair an attorney’s ability to perform legal services competently. The panelists will also describe the signs and symptoms of substance abuse, addiction, depression, anxiety and stress, and provide information on lawyer-assistance programs and other resources.

All constituents in the chapter 11 plan process want their reorganized debtors to be wildly successful. This panel will focus on how the chapter 11 process can be used to satisfy the feasibility standard in § 1129(a), with an emphasis on avoiding subsequent filings, and will outline the top 10 tricks to improve feasibility.