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NO CLE

Jevic Revisited - Are Structured Dismissals Dead?

In Czyzewski v. Jevic Holding Corp., the U.S. Supreme Court held that a bankruptcy court cannot approve a structured dismissal that provides for distributions outside the ordinary priority rules without the affected creditor's consent. This panel will discuss the survival of structured dismissals and class skipping settlements after Jevic. The panel will address how courts around the country have handled theses issues following the 2017 Jevic decision.
NO CLE

LLCs in Bankruptcy: What You Need to Know

Given the popularity of the Limited Liability Company as a business organization, in recent years insolvency professionals are encountering LLC's more than ever. This is a trend that we expect to continue. This program provide online learners with a review of the major issues that arise in such cases from the debtor's, the trustees' and the creditors' standpoints. This webinar is useful for those without deep bankruptcy experience who want to keep abreast of developments in this fast-paced area, as well as experienced bankruptcy practitioners.
NO CLE

Tactics & Strategies in Modern Bankruptcy Litigation

This webinar will discuss: Consent after Wellness, retention of jurisdiction, stays pending appeal, transfer of venue, structured dismissal, jury demands, court-appointed experts, and withdrawal of the reference. These perplexing concepts are all tools in your strategic tool belt. This fast-paced webinar will consider these tools and others from the perspective of when and whether to raise them. What are the risks and benefits of raising them? You will hear highly experienced practitioners and a seasoned bankruptcy judge discuss and debate these points. Remember: one lawyer's strategy is another lawyer's tactic. Attend this program before you file that motion!
NO CLE

Navigating Legal Ethics for the Social Media Bankruptcy Influencer

Social media platforms are everywhere. It has grown into an essential marketing tool for lawyers, who unlike many other working professionals, are bound by strict ethical codes of conduct when it comes to marketing and communicating with non-lawyers. This panel will focus on how attorneys can successfully navigate the minefields of social networking to grow their business while still adhering to the new California Rules of Professional Conduct.
NO CLE

Sanctions and Contempt: Sources and Limits of Bankruptcy Court Authority to Remedy Misconduct

Two sitting judges and a professor of bankruptcy law will offer an overview on the sources of authority for the issuance of sanctions and holding persons or entities in contempt, the nature of the remedies available, applicable standards and the appropriate procedures. The discussion will cover sanctions available under various provisions of the Bankruptcy Code and the Bankruptcy Rules, including Rule 9011, failure to make discovery and bankruptcy court authority to discipline counsel. Also discussed will be the court's sources of power of contempt, limitations on that power, and procedures the court should consider before exercising such power.
NO CLE

Current Issues in Bankruptcy Litigation

This program will include discussion of a series of issues that arise in adversary proceedings. They will include Merchant Cash Advance Chapter 5 litigation; trustees attempted 10 year IRS statute of limitations use in section 544 actions; license issues on contested sales (Lubrizol); jurisdiction in international cases). This program is designed for lawyers with beginner level experience in adversary proceedings.

ABI-Live: Let’s Make a Deal: Negotiating the Asset Purchase Agreement in Bankruptcy

Bankruptcy sales differ in many respects from non-bankruptcy sales. This webinar highlights some of the unique provisions in the asset purchase agreement that may vary between a bankruptcy and non-bankruptcy sale that practitioners should be aware of when drafting and negotiating in the context of a bankruptcy sale, including, for example, applicability of covenants, conditions, indemnities and hold-backs.
1 hour 15 minutes 24 seconds
NO CLE

ABI-Live: It’s Never Really Over, Even When It’s Over: Analyzing The Limits Of Bankruptcy Jurisdiction

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Although Congress expanded the power of the bankruptcy courts to decide matters that were “related to” bankruptcy cases four decades ago, the United States Supreme Court’s decisions in Stern and Wellness have created uncertainty about bankruptcy court jurisdiction with which lower courts still struggle, and any litigator handling ancillary matters that relate to bankruptcy estates must understand and analyze jurisdictional strategies for the benefit of their clients. The webinar's panelists will discuss key issues regarding the limitations of bankruptcy jurisdiction, which may include frequently litigated issues concerning “related to” jurisdiction, consent for the bankruptcy court to issue final orders, the bankruptcy court’s power to enjoin litigation against nondebtors, the impact of jury demands, standards and strategies in withdrawing the reference of matters from the district court, and issues concerning the appellate process. Recent case of interest will be discussed.
NO CLE

ABI-Live: Hot Issues in the Ongoing Third Party Release Debates

Hosted by the Business Reorganization & Unsecured Trade Creditors Committees This webinar will discuss various issues and recent developments regarding releases of non-debtors under chapter 11 plans. Issues for discussion will include differences among the Circuits regarding the availability of and standards applicable to such releases, potential jurisdictional and constitutional considerations regarding such releases, possible differences between chapter 11 and chapter 9 regarding this issue, the permissibility of using an “opt-out” approach for plan releases, and potential implications of the ever-broader definitional provisions delineating the scope of such releases.
1 hour 10 minutes 17 seconds
NO CLE

ABI-Live: So You Settled — Now What?: Drafting Enforceable Settlement Agreements after Mediation

The mediation may be done but the work has just begun. Drafting the settlement agreement in a form that is enforceable and captures the intent of all parties can be a formidable task. Who drafts it? What must be included, at a minimum? Is it a final agreement or just an outline to be later committed to an agreement? Pitfalls are everywhere - let our expert panel of speakers guide you through the process!
1 hour 9 minutes 2 seconds