Skip to main content

Video

ABI-Live: The Intersection of Bankruptcy and the FDCPA: the CFPB’s Notice of Proposed Rulemaking

On May 7, 2019, the Consumer Financial Protection Bureau (the “CFPB”) issued its Notice of Proposed Rulemaking related to the Fair Debt Collection Practices Act (the “FDCPA”). The CFPB has proposed several updates to the FDCPA, including: regulations regarding the use of emails and text messages; exemptions from the FDCPA for limited content messages; limitations on the number of telephone calls a debt collector can make per week; model notices and disclosures; and prohibitions related to time-barred debts and credit reporting. However, the proposed amendments do not address the confusion caused when a creditor subject to the FDCPA is required to communicate with a consumer that has filed a bankruptcy case.
1 hour 9 minutes 51 seconds

Not Your Parents’ Fraudulent-Transfer Action

Practitioners are constantly looking for ways to expand, or limit, the ability of estate fiduciaries and creditors to avoid transfers. This panel will explore several cutting-edge issues with respect to fraudulent-transfer actions currently playing out in bankruptcy courts, including whether trustees may recover tuition payments by debtor-parents for the benefit of their adult children and the meaning of “reasonably equivalent value” under Section 548(A)(1)(b). The panel will explore opportunities to expand a trustee’s avoidance powers, including a trustee’s ability to stand in the shoes of the IRS and benefit from the 10-year look-back period, Ponzi scheme issues, and applying avoidance powers to foreign defendants. The speakers will also discuss whether silence is still golden in light of Husky International v. Ritz.
1 hour 12 minutes 4 seconds

ABI-Live: Getting the Best Deal for Your Client: Section 363 Sales vs. Out of Court Sales

Hosted by the Asset Sales Committee This webinar will discuss the benefits and disadvantages of conducting a sale of assets pursuant to section 363 of the Bankruptcy Court compared to an out of court sale. The webinar will provide a general introduction to these issues as well as provide experienced practitioners with a nuanced high level discussion regarding applicable case law, hot button issues, pitfalls to avoid and war stories from the trenches. Speakers: Dawn M. Cica Mushkin Cica Coppedge; Bruce I. Goldstein Amherst Partners; Matthew J. LoCascio Equity Partners HG View Materials
58 minutes 44 seconds

LLC Bankruptcies

The panelists will delve into issues that arise during an LLC bankruptcy. What happens when parties contract out of fiduciary duties? What effect does bankruptcy have on key provisions in an LLC operating agreement, including management and ownership rights and remedies, and what happens when a bankruptcy proceeding is initiated against the LLC or one or more of its members? Learn more about two recent decisions in which bankruptcy courts refused to enforce LLC agreement provisions requiring the respective LLCs to obtain the unanimous consent of their members in order to seek bankruptcy relief (Intervention Energy, Lake Michigan). Finally, the panelists will discuss possible hidden fraudulent-conveyance issues relating to tax attributes. Do LLCs insulate management, and should releases be provided?
1 hour 13 minutes 52 seconds

ABI Live Webinar: Stayin' Alive...Debt Restructuring for Critical Access Hospitals

Hospital bankruptcies are on the rise, and rural hospitals are no exception. About 20% of rural hospitals are considered to be at risk of closure nationwide, and the majority of these hospitals are considered essential to their communities. In light of these trends, this webinar will provide ABI members an overview of the unique issues faced by small rural hospital designated as “critical access hospitals” (“CAHs”) by the Centers for Medicare and Medicaid Services. Established by the Balanced Budget Act of 1997, the CAH designation allows eligible rural hospitals to receive reimbursement from Medicare (and state Medicaid programs) based on 101% of allowable costs rather than the traditional fee-for-service model. In order to receive the CAH designation, a hospital must be at least 35 miles from another hospital and meet at least the following criteria: (1) have 25 or fewer inpatient acute beds; (2) maintain an average length of stay of less than 96 hours for acute beds and (3) provide 24/7 emergency services. Despite what should be a favorable reimbursement model, the nation’s approximately 1,350 CAHs are plagued with a variety of regulatory and socioeconomic hurdles hampering their profitability. These include shrinking federal and state budgets, physician shortages, the high cost of providing care to under- and uninsured patients, certain physician costs that are not reimbursed on a cost-plus basis, and difficulty repaying overpayments by the Medicare and Medicaid programs. In a lively forum, this panel will focus on: 1. Debt restructuring challenges faced by CAHs due to their narrow margins and cost-based reimbursement model; 2. Alternative solutions to cash flow for CAHs through expansion of medical services, large group physician employment agreements, telemedicine and operational efficiencies; 3. Legal expansion programs in a CAH environment and illegal schemes perpetrated by bad actors who take expansion too far; 4. The roadmap to reorganization for CAHs who find themselves amid allegations of violations of the False Claims Act, Stark Law and Anti-Kickback federal and state laws and in the snarls of a healthcare fraud investigation with either CMS, Medicaid, OIG or commercial payers’ SIU departments; and 5. How to overcome the overpayment liability dilemma. Speakers Carol L. Fox GlassRatner Advisory & Capital Group LLC Elizabeth A. Green BakerHostetler Andrew Helman Murray Plumb & Murray Frank P. Terzo Nelson Mullins Riley & Scarborough LLP View Materials
1 hour 20 minutes 34 seconds

Crossfire (2019 Bankruptcy Battleground West)

This panel is in the format of current-events TV program “Crossfire” and will address three “hot” or “interesting” bankruptcy issues that are not being addressed in the other sessions, including future waivers, new-value issues and Jevic.
1 hour 17 minutes 58 seconds

Looking for the Remote: Structuring Enforceable Bankruptcy-Remote, Special-Purpose Entities in Commercial Real Estate Finance

This panel will explore the evolution of real estate financing structures leading up to today’s market, and discusses how current trends and varying structures can affect results in a future workout or bankruptcy.
1 hour 7 minutes 48 seconds

EB-5 Program Company Restructurings

Through the EB-5 immigrant investor program, a foreign national can invest at least $500,000 into a qualified project, and if that investment leads to the creation of at least 10 jobs in the U.S., the investor becomes eligible for permanent U.S. residency. The EB-5 Program has expanded dramatically over the last decade, typically with USCIS-qualified “regional centers” pooling investments to provide inexpensive liquidity to real estate developments and other businesses. This panel will discuss recent developments and issues involved in EB-5 restructurings and chapter 11s.
1 hour 9 minutes 51 seconds

Judges’ Hot Topics (2019 Annual Spring Meeting)

This panel is a great way to stay ahead of your peers and adversaries! The panelists present a cutting-edge review of the most important decisions of the day that could impact your practice.
1 hour 3 minutes 49 seconds

Hot Topics: The Final Report of the ABI Commission on Consumer Bankruptcy

The panelists will discuss the findings of the ABI Commission on Consumer Bankruptcy, focusing on three areas of great interest to the Commission: (1) student loans; (2) how attorneys get paid; and (3) a “reserve fund” for chapter 13s so that debtors can save for unexpected emergency expenses.
59 minutes 35 seconds