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Free Sessions (no CLE)

Emerging Leaders Program

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.

ABI-Live: Husky Aftermath – Where Do Things Stand With "Actual Fraud"?

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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.

Consumer: Revisiting FRBP 3015.1 – How Courts and Cases Are Implementing Rule 3015.1 Five Months On

This panel will review and debate issues regarding the new official form for chapter 13 plans, including how courts are tinkering with Rule 3015.1 — and why courts think they have the ability to do so.
58 minutes 52 seconds

Conflict Issues and Getting Paid

This panel will address various ethical issues including conflicts, chapter 7 bundling and payment arrangements, and chapter 11 retention and fee applications. Learn how to identify potential conflicts, and discover strategies to deal with them. The panel will also discuss the negotiation of fee agreements before and the application for payment of fees during bankruptcy cases.

ABI Talks

Join us for a round of the “ABI Talks,” with speakers focusing on the ABI Consumer Commission, litigation finance in bankruptcy, transfers and more.

An Individual Chapter 11 Case Is Not Just a Bigger 13

This panel will discuss pre-petition considerations, disposition of assets and conversion concerns at issue in individual chapter 11 cases.

Chapter 7 Debtor and Trustee Interactions

This panel will focus on numerous chapter 7 issues, such as avoidable transfers, abandonment, exemptions, reopening of cases and asset-protection trusts.

Getting Paid and Avoiding Disgorgement

This panel will focus on carve-out issues, the effects of ASARCO and Baker Botts, and § 506(c) issues. The panel will also address retention issues and administrative insolvency.

Selecting and Advocating Expert Witnesses

This panel will address the selection and use of expert witnesses, including tips on how to select an expert, how to prepare an expert and what a judge might find most useful.