2014

Default and Distress Issues

Keynote Luncheon Presentation

How Hard Is the “Hard” in “Hardship”? The Current State of § 523(a)(8)

The Chapter 13 Option

Avoiding Bankruptcy: What Options Exist (and Are Accessible)?

The Easy Fix: Is Repealing § 523(a)(8) Really the Answer?

This webinar, presented by ABI's Bankruptcy Litigation Committee, will be a guide for non-Delaware-, non-New York-based attorneys and law firms (as well as junior attorneys practicing in Delaware and New York) to delivering more value to their clients by (a) anticipating SDNY and Delaware requirements, (b) knowing the black-letter rules and unwritten practices in Delaware and SDNY for appearing without local counsel, and (c) recognizing those situations where outside counsel should retain local counsel, even if is allowed to operate on their own under the applicable rules.

A moderated roundtable featuring the judges of the Southern and Eastern Districts of New York

Discussion and debate about the venue statute (28 U.S.C. § 1408) and whether it should be modified; special issues involving venue for chapter 15 (including for Chinese companies); impact of venue controversies on UCC selection, first-day orders, and other early issues and decisions; could claims arise from improper venue selection?

Primary focus on voluntary hospitals (including health care issues); secondary focus on NYC Opera, CCRCs, schools, etc.; duties and liabilities of directors; avoidance issues; impact of philanthropic base; avoidance, solvency and deepening insolvency issues; possible focus on benefit corporations, low-profit limited liability companies (LC3s)