Audio

Debtors’ lives don’t stop once a chapter 13 is filed. Jobs could be changed or lost, property can be sold and inherited, and debtors can become injured and can sue. Debtor's counsel has to know how to “roll with the punches” and still achieve the best outcome for their client. This panel will discuss the impact of foreseen and unforeseen events in a chapter 13 case. Who gets the benefit of equity in a debtor’s home if it is sold and has appreciated since filing? What if the case converts to chapter 7? What assets are included in the chapter 7 estate upon conversion? Does a debtor have a duty to disclose a post-petition asset such as a cause of action or inheritance? How does debtor’s counsel get paid to deal with all of these issues? Is a chapter 13 trustee entitled to be paid if a case is dismissed before confirmation? What are the requirements to modify what is paid in a chapter 13 plan?

We all deal with fraudulent transfers, but sometimes issues that don’t come up in routine fraudulent-transfer cases might get overlooked. Do insurance policies cover fraudulent-transfer claims? Can a group of fraudulent-transfer plaintiffs assert a class action against a defendant? In terms of an actual fraud fraudulent transfer, what if a defendant has a mixed intent, part of which is impermissible and part of which is permissible? When can a fraudulent-transfer defendant use the “identity of interest” and “common enterprise” defenses? How can unjust enrichment be used as an alternative to a fraudulent transfer? How do the events of the past three years impact valuations, solvency opinions and fairness opinions prepared during that time and today? This panel will provide answers to and perspectives on these questions and more.

This panel will discuss issues affecting the elderly in bankruptcy cases, including attorney misconduct, scams and identify theft, childrens’ mishandling of parents’ assets, wills, trusts, life estates and judgments, and reverse mortgages.

As chapter 11 practice continues to evolve, restructuring support agreements (RSAs) are being used with increasing frequency by companies seeking to de-lever their balance sheets or sell assets, both pre-petition and post-petition. This panel will provide an explanation of these agreements, discuss their pros and cons from the perspective of various parties, review common objections that have been made to the approval of RSAs, and describe the approval process in court proceedings.

Join our panelists as they explore how lender liability claims are born and struggle for life, starting with the influence that an original loan agreement may have on later claims, continuing with the roles that various professionals play as financial distress grows, and finally examining how tragedy unfolds as litigation plays out.