2013

An issue consistently raised during the course of the Consumer Bankruptcy Fee Study was the effect of higher bankruptcy costs and the cumbersome and time-consuming bankruptcy process on distributions to unsecured creditors. Given that increasing creditor distributions was a reason for BAPCPA’s enactment, that this question was ripe for exploration. Prof. Lupica will present the findings of her study and the panel will discuss.

This first session of a new “skills” seminar series will examine documents that are often used to restructure debt outside of bankruptcy. Learn the purpose and legal underpinnings of the various component parts of frequently used workout documents such as forbearance agreements, intercreditor agreements and restructuring/override agreements. The panel will focus on real-world examples of good and bad provisions of workout documents and will provide drafting tips.

"Past President's Debate: Resolved: The chapter 11 model is no longer viable for middle-market businesses. Consumer Debate: Resolved: Section 523(a)(8) should be repealed or amended to allow for the discharge of all student loan debts. Judicial Debate: Resolved: Section 546(e) does not apply to each and every link in a chain of transactions resulting in a ""settlement payment"" that is protected by the safe harbor provisions."

The Jay Alix Protocol Revisited: What Is It, How and When Has It Been/Is It Applied, Should It Be Applied Rigidly or Loosely, and Does a Viable Alternative Exist? Tips for Lawyers and Financial Professionals in Dealing with the Protocol

But I Thought We Were Safe: Are Priority Claims and Legacy Employee Liabilities at Risk in a 363 Sale?

Superman vs. Mighty Mouse: Whose Superpowers Prevail when a Federal Monitor, Trustee and/or Receiver Collide in a Colossal Case of Health Care Fraud?

Cross-Border Enforcement of Orders in Restructuring Cases

E-Discovery and You: Critical Issues to Understand about Electronic Discovery

Real Estate Short Sales and Carve-Outs

Issues Related to Chapter 13 Plans, Including the Impact of a National Form Plan on Local Practice