2017

This interactive nuts-and-bolts panel will discuss three phases of settlements in the context of a bankruptcy case: (1) negotiating a settlement, including evaluating the benefits of settlement versus litigation risk and expense, negotiating tactics and strategies, and the role of the mediator; (2) drafting term sheets and settlement agreements, an overview of the law on the enforceability of term sheets and settlement agreements (both pre- and post-court approval), and the components of the settlement agreement; and (3) consummating the settlement, with an emphasis on Federal Rule of Bankruptcy Procedure 9019 standards, the necessary components of a motion to approve compromise, presentation to the bankruptcy court, the bankruptcy court’s role in evaluating the settlement and the court’s order approving the settlement, the nonbankruptcy aspects of a settlement, and post-settlement actions.

Poker players look for tells. Polygraphs measure physiological indicators. Movies suggest that there is some magic to looking somebody in the eye. In court, though, judges and lawyers are left to their own devices to determine whether a witness is lying. A clinical psychologist and a former attorney general of the Commonwealth of Massachusetts will join experienced trial lawyers and judges to discuss lying and the limits of detecting lying, including verbal and nonverbal cues that aid in assessing the credibility of statements.

Does an approved fee application shelter counsel from malpractice claims brought by the client? If it does, how do you advise your client about how the application and its approval affects a client’s future claim against you? Does asking for it to be paid pit you against your client and create an unavoidable conflict of interest? Get the tools to navigate these murky ethical considerations.

Do some provisions of the Bankruptcy Code seem so out of date and maddening that you want to call your congressional representatives? Our panel of “sharks” will evaluate pitches for legislation to remedy nagging issues in the Code, including implementing restrictions on the appointment of creditors’ committees in chapter 11 cases, tax exemptions for asset sales under § 363, increasing statutory compensation for trustees, the creation of bankruptcy appellate panels in every circuit, and the elimination of debt limits for chapter 13. Come see whether any ideas make the cut!

Join us for another round of the infamous “ABI Talks,” with speakers focusing on topics only a bankruptcy guru could love, such as whether courts delegate too much authority to trustees, spoliation of evidence and ESI issues, ethical obligations between debtor’s counsel and creditors and trustees to their clients, and more!

This panel will survey how districts around the region are addressing the implementation of the National Form Plan and/or the adoption of an Opt-Out Plan, and will discuss procedures for approving the opt-out plan, new rules, potential challenges and software issues.

This panel will feature a discussion on retail bankruptcy issues from the perspective of debtors, landlords, liquidators, financial advisors and creditors.

This panel will feature a wide-ranging discussion of bankruptcy and other issues affecting the transportation and shipping industries, as well as the current and future financial stresses in the industries. Lessons from the Hanjin Shipping case will also be discussed.

This session discusses to whom a debtor surrenders his residence, and whether a surrender prohibits the debtor from opposing a state court foreclosure action. The recent case of In re Failia (11th Cir.) sheds light on these questions.