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The Continuing Vitality of the Jay Alix Protocol, and Other Issues Related to the Retention of Distressed Management Consultants

This panel will discuss all aspects of the Jay Alix Protocol, including tips for attorneys and advisors for meeting its requirements, and recent bankruptcy court decisions regarding its continuing vitality. The panel will also address other current issues regarding debtors’ retention of distressed management consultants and similar advisors.
1 hour 4 minutes 32 seconds

Let’s Talk Student Loans (but Not Undue Hardship): Other Solutions to Help Your Clients and Get You Paid

Bankruptcy and student loans do not mix because of Brunner, but as outstanding student loan debt nationwide has risen to $1.5 trillion and climbing, there is a huge need for a solution to the student loan debt crisis. During this session, you will learn the different options student loan debtors have, and identify ways to be compensated for your services. Also, you will receive an inside look from a chapter 7 trustee on how to identify (and hopefully avoid) the pain that could come with a dreaded tuition clawback.
1 hour 2 minutes 6 seconds

The ABCs (and DEFs) of Assignments for the Benefit of Creditors

ABCs aren’t just for kids anymore! Come join some of the nation’s leading experts as they identify the important building blocks of this tool to liquidate insolvent companies.
58 minutes 13 seconds

When Adequate Protection Is Not Adequate

This panel focuses on the most important adequate-protection issues, including current cash payments in the form of legal fees for “secured” creditors, how diminution in value claims for different types of assets are determined, how intercreditor agreements may limit junior secured creditors’ rights to demand and receive adequate protection, and the valuation of assets.

Addressing Environmental Claims and Liabilities in Chapter 11: Administrative Expenses, Third-Party Liability, Abandonment and Brownfield Development

This panel will discuss what happens when an estate is administratively insolvent, when principals/owners can be liable, reclamation claims and permit-blocking issues, when you can abandon, why secured creditors won’t foreclose, nonprofits’/foundations’ role in clean-ups, and brownfield development. The panelists will then focus on the impact of the Trump administration on these issues, as well as various regulators’ roles (such as the EPA and state regulators).
1 hour 12 minutes 35 seconds

Opinion Letters for Bankruptcy Lawyers: What You Need to Know Before Issuing a Third- Party Opinion Letter

Bankruptcy lawyers are often times called upon to provide third-party opinion letters in financing and real estate transactions. This session covers opinion letters that are commonly requested of bankruptcy lawyers including non-consolidation and “authority to file” opinions. This session also covers best practices and potential pitfalls and liabilities when providing such opinions.
1 hour 6 minutes 17 seconds