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This session will discuss hot-button issues relating to claims trading, including the Supreme Court’s ruling of nonstatutory insider status as clear error, as opposed to de novo (In re The Village at Lakeridge LLC); eligibility to vote an assigned claim (In re ASHINC Corp. and In re LightSquared Inc.); disallowance of a transferred claim subject to preference challenge (In re K-B Toys); and other legal issues common to claims trading and litigation finance in bankruptcy.

This session will cover a number of recent confirmation hot topics, including refinancing of secured loans in bankruptcy (BOKF NA v. Momentive Performance Materials Inc..); rights offerings and unfair discrimination (In re TCI 2 Holdings LLC); substantive consolidation with nondebtors (In re Archdiocese of St. Paul and Minneapolis); and per plan, not per debtor, confirmation (In the Matter of Transwest Resort Properties Inc.).

The panel will discuss the different types of cyber fraud threats facing bankruptcy and non-bankruptcy fiduciaries and the need for advance preparation, including consideration of types of insurance available. The panel will provide general insight on fiduciaries preparation for, dealing with, and recovering from, cyber threats, and the impact of insurance coverage on these steps. This webinar is hosted by the Commercial Fraud Committee.

This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country, who will share their thoughts and perspectives — and take questions from the audience — on topics of current interest in both business and consumer cases.

This panel will review how consolidation, redevelopment and even brick and mortar vs. online are changing health care, and who is likely to prevail. The panelists will discuss which health care providers are likely to encounter the most stress in the future, and which ones may have ways to fix the American health care system.

This panel will discuss and analyze the New Model Chapter 13 Plan and other changes in the Bankruptcy Rules that became effective in December 2017, the process of implementation, and any issues that have arisen since the new Rules took effect.

The restaurant industry, particularly the fast food and fast casual sectors, is under pressure from rising food and labor costs, the changing dining habits of millennials, and decreased foot traffic at retail shopping centers. This panel will examine those trends and explore potential strategies to maximize enterprise value, both in and out of bankruptcy court.

Calling all up-and-comers in the bankruptcy industry! Join us for this new, half-day program exclusively for emerging leaders attending the ABI Northeast Conference or Consumer Forum. We invite lawyers, financial advisors, bankers, etc. with less than 10 years of insolvency expertise, either consumer or business focus, to participate in an interactive program involving common insolvency issues facing junior insolvency professionals. Participants will break into small working groups led by emerging leader facilitators and bankruptcy judges to consider issues of substantive law as well as practical procedures for both the courtroom and boardroom. A reception for Emerging Leaders will immediately follow this program.

.video-container { position:relative; padding-bottom:56.25%; padding-top:30px; height:0; overflow:hidden; } .video-container iframe { position:absolute; top:0; left:0; width:99%; height:100%; } Courts wrestle with applying Husky to except from an individual’s discharge creditor claims involving fraud or fraudulent transfers. Some courts carve a narrow path, while others take the opinion at its fullest meaning, suggesting a broad new cause of action for nondischargeability. This is especially true for directors and officers who use their control of nondebtor entities to benefit from fraudulent activity, including actual and constructive fraudulent transfers. Such actions also give rise to related breach of fiduciary duty claims and aiding-and-abetting liability that likewise could prove to be nondischargeable. The panelists will debate claims and defenses based on the evolving case law, and share their views on what lies next.