2014

This session will include a discussion on the effect of prior state and federal court litigation, full faith and credit, res judicata, collateral estoppel, Rooker-Feldman and abstention.

Current Claims Issues in Chapter 13 Cases

This session will feature a discussion on 11 U.S.C. § 521 and FRBP 4002.

The lure of the Internet continues to pose ethical challenges, especially in regards to privacy and transparency, for members of the bar who use social media as part of their professional lives. This panel will examine the latest legal and ethical developments in the areas of disclosure and social media.

Municipal bankruptcies are on the rise. This panel will discuss chapter 9 issues, including eligibility to file, recent developments, plan confirmation and cramdown issues, case-management issues, municipal bondholder claims, labor and pension issues, the role of mediation, alternatives to chapter 9, and the Detroit, Stockton, San Bernardino and Harrisburg municipal cases.

This panel will discuss recent advanced fraudulent transfer case law and the application of § 546(e)’s “safe harbor” to failed leveraged transactions, as well as the “good faith” defense under § 548(c), especially regarding Ponzi scheme fraudulent transfer litigation. Key cases will include In re Lyondell Chemical, In re Tribune Co. Fraudulent Conveyance Litig., In re Derivium Capital, LLC and Official Committee of Unsecured Creditors of Quebecor World (USA) Inc. v. American United Life Insurance Co.

Do new opnions suggest doubt about the right of a lender to bid the full value of claims in Chapter 11?

A working understanding of cross-border restructuring principles has become a mainstay of contemporary practice. This panel will cover cross-border fundamentals, including the application of § 109 to foreign cases, the enforceability of foreign judgments and granting comity in a chapter 15 case involving third-party releases (In re Sino-Forest Corp. and Ad Hoc Group of Vitro Noteholders v. Vitro, S.A.B. de C.V. (In re Vitro S.A.B. de C.V.)).

This panel will discuss recent confirmation issues, including whether a plan that offers new value from an insider can be confirmed without an auction process (In re Castleton Plaza, LP); the effect of third-party guarantees (In re Loop 76); whether claims-purchasers must have “good cause” to change a plan vote (In re J.C. Householders Land Trust #1); and treatment of non-recourse claims under § 1111(b) (In re B.R. Brookfield Commons No. 1 LLC).