2019

Bankruptcy and student loans do not mix because of Brunner, but as outstanding student loan debt nationwide has risen to $1.5 trillion and climbing, there is a huge need for a solution to the student loan debt crisis. During this session, you will learn the different options student loan debtors have, and identify ways to be compensated for your services. Also, you will receive an inside look from a chapter 7 trustee on how to identify (and hopefully avoid) the pain that could come with a dreaded tuition clawback.

ABCs aren’t just for kids anymore! Come join some of the nation’s leading experts as they identify the important building blocks of this tool to liquidate insolvent companies.

This panel focuses on the most important adequate-protection issues, including current cash payments in the form of legal fees for “secured” creditors, how diminution in value claims for different types of assets are determined, how intercreditor agreements may limit junior secured creditors’ rights to demand and receive adequate protection, and the valuation of assets.

This panel discusses reported decisions under 11 U.S.C. § 707(b)(4) and FRBP 9011.

This panel will discuss what happens when an estate is administratively insolvent, when principals/owners can be liable, reclamation claims and permit-blocking issues, when you can abandon, why secured creditors won’t foreclose, nonprofits’/foundations’ role in clean-ups, and brownfield development. The panelists will then focus on the impact of the Trump administration on these issues, as well as various regulators’ roles (such as the EPA and state regulators).

Bankruptcy lawyers are often times called upon to provide third-party opinion letters in financing and real estate transactions. This session covers opinion letters that are commonly requested of bankruptcy lawyers including non-consolidation and “authority to file” opinions. This session also covers best practices and potential pitfalls and liabilities when providing such opinions.

The panel explores the challenges with foreign asset discovery in chapter 15 proceedings. Most foreign discovery is obtained either pursuant to Federal Rule of Bankruptcy Procedure 2004 or through the application of the Hague Convention. But how effective are these methods given the cumbersome and often complicated process of obtaining discovery? Are there more effective and efficient methods toward obtaining these results? Do other foreign jurisdictions have less cumbersome and more expedited processes to propound this type of discovery? The discussion includes commonly faced issues in obtaining discovery when locating and seizing assets, how to obtain records to determine the financial condition of the parties, and how foreign law may work to limit discovery.

Featuring the Judges of the 2019 Annual Spring Meeting