Free Sessions (no CLE)

As the value of commercial and residential real property is often in flux, especially in light of the Great Recession of 2008, the rights and obligations of interested parties, as well as their incentives and motivations, can change. This panel will discuss the implications of changing valuations of residential real property in chapter 7 and 13 cases, as well as residential and commercial real property in chapter 11 cases.

This panel will discuss the role of key employee incentive and retention plans in bankruptcy cases, including the development of such plans and the legal and factual requirements for approval by the bankruptcy court.

The panel will discuss the ins and outs of business development and the various ways attorneys and their firms market their practices.

HOSTED BY THE LEGISLATION COMMITTEE The “safe harbor” under section 546(e) of the Bankruptcy Code protects from avoidance certain securities, commodities and financial transactions. Similarly, section 547(c)(6) protects the fixing of true statutory liens from preferential transfer avoidance. This year, the scope and application of the section 546(e) safe harbor has been reshaped by several courts, including the Second and Seventh Circuits. Panelists will discuss recent case law affecting the effectiveness of section 546(e), helping shareholders and other parties in interest participating in an LBO to examine the issues and different results produced by the courts. Panelists will also discuss how recent oil & gas bankruptcies have reignited an expansion of the section 547(c)(6) safe harbor.

This webinar will focus on how pending criminal or regulatory proceedings may affect the estate’s pursuit of litigation claims arising from a commercial fraud case. Speakers will address the Fifth Amendment, coordinating with the criminal and regulatory authorities for items such as file-access requests to the SEC, potential stays of civil litigation, asset forfeitures, and more! This panel not only includes attorneys who have dealt with these issues, but also attorneys who previously worked for the U.S. Attorney’s Office or the SEC.

“This panel will discuss how to deal with the public debt and equity securities in the plan solicitation and distribution process. Topics will include (i) a general discussion of the plan solicitation process and how the bankruptcy code provisions intersect with the federal securities laws, (ii) issues of particular interest to indenture trustees and holders of notes, including issues relating to adequacy of notice, voting and solicitation concerns and an update on recent indenture-related litigation, and (iii) an overview of the complex issues that may arise during the distribution process, both to equity and bond holders, including notice, trading and payment issues.”

This session will highlight particularly interesting case law developments to date in 2016 and their impact on bankruptcy law and practice.

This panel will address the unique issues presented when matters involving fraud, including Ponzi schemes, arise. The discussion will include best practices for responding to, or managing, fraud allegations directed to a client inside and outside of bankruptcy, addressing and investigating fraud from an accounting perspective (including strategies for identifying hallmarks of fraud), and current developments in case law relating to fraud and Ponzi schemes in the bankruptcy context.

BAPCPA established several hurdles that debtors have to overcome in order to obtain a discharge of a confirmed plan. Confirmation of the plan in many respects is only the beginning of the process. This panel, which includes two chapter 13 trustees and an experienced creditors’ counsel and is moderated by an experienced debtors’ counsel, will explore the issues that arise after confirmation, including the completion of required tasks for a debtor to obtain a discharge. Issues to be discussed include plan modification, requirements imposed upon lenders, and duties imposed upon debtors to obtain discharge.

This panel will discuss strategies for negotiating and confirming chapter 11 plans, from support agreements and competing plans to the proper use of releases and injunctions.