2013

This panel of leading bankruptcy lawyers, sponsored by Lexis® Practice Advisor, will feature a discussion of new provisions and practices for debtors, lenders, creditors and buyers in DIP Financings, 363 Sales, and Chapter 15s.

Class action lawsuits in both chapter 11 and 13 cases are becoming more prevalent. Are you wondering whether your clients’ WARN Act claims would be better pursued against a debtor company in a class action adversary proceeding or in a class proof of claim, or both? If your client has been sued in a debtor’s consumer class action adversary proceeding, do you know what the best defenses are against class certification? ABI's panel of experts will explore the potential benefits and pitfalls of class actions by creditors against debtor companies in chapter 11 cases and by debtors/trustees against creditors in chapter 13 cases by highlighting recent appellate and bankruptcy court decisions.

In this 90-minute seminar, Professors Andrew Kull of Boston University School of Law and Scott Pryor of Regent University School of Law provide an in-depth analysis of a legal principle which has become, in their words, "a long-lost area of the law"—§ 541 of the Bankruptcy Code. Seeking to demystify what is meant by "property of the estate" and, in particular, the distinction between legal or equitable interests of the debtor in property, Kull and Pryor describe the legal entanglements that ensue when legal title belongs to one person but the equitable title belongs to someone else. Written materials included.

Developments in Net Operating Losses

Nothing Is Impossible: The Complex Requirements and Ethical Duties of Representing Chapter 11 and/or Chapter 13 Consumer Debtors

Consumer Track: Consumer Class Actions This panel will explore the potential benefits and pitfalls of class actions by debtors/trustees against creditors in chapter 13 cases, which are highlighted by two recent decisions of the Fifth Circuit.

Consumer Track: When Divorce and Bankruptcy Collide, Breaking Up Is Hard to Do The panel will explore the overlapping and sometimes conflicting state and federal objectives and law that can lead to unfair results when a bankruptcy proceeding intervenes in a divorce case.

Consumer Track: The Appellate Process This panel will explore recent issues in appellate practice that are of interest to both consumer and business practitioners, including the ability to bypass intermediary appellate courts and take appeals directly to the circuit courts.

Consumer Track: Individual Conundrum—Chapter 7, 11 or 13? Deciding on the appropriate chapter for an individual contemplating a bankruptcy filing can be daunting. This panel will explore the considerations that guide the practitioner in advising individual clients in making this decision.

17th Annual Great Debates Past Presidents’ Debate Resolved: The Bankruptcy Code should be revised to eliminate a debtor in possession's and trustee's ability to recover preferential transfers. Judicial Debate Resolved: A claim against the debtor’s estate, transferred to a third party, should be treated the same as if in the hands of the original holder. Consumer Debate Resolved: An attorney in a consumer case should be able to limit the scope of her employment.