2026

This in-depth panel will navigate student loan discharges under the DOJ guidance. The panelists will demystify the process and provide practical, step-by-step guidance for attorneys taking on these cases.Learning Objectives:Attendees will identify and evaluate potential student loan discharge candidates under the DOJ Guidance.Attendees will understand the attorney retention process, including reviewing retainer agreements and advising clients on expectations.Attendees will analyze the DOJ attestation process, including key components of the attestation form and related filings.Attendees will develop the practical skills necessary to represent debtors seeking to discharge student loans in bankruptcy. 

As more older adults seek bankruptcy relief, consumer cases increasingly involve issues beyond debt alone, including cognitive decline, exploitation, family interference and concerns about legal capacity. This panel will explore the real-world legal and human challenges that arise in elder consumer cases, and will offer practical guidance for recognizing and addressing these issues in bankruptcy practice.Learning Objectives:Attendees will understand the legal and practical issues that commonly arise when representing or working with elder debtors in bankruptcy.Attendees will recognize signs of diminished capacity, exploitation, and family conflict that may affect case administration and client representation.Attendees will learn strategies for handling these cases with greater awareness, professionalism, and sensitivity. 

On Dec. 1, 2025, amendments to Bankruptcy Rule 3002.1 were implemented, creating new forms and enhanced response requirements for mortgage creditors in chapter 13 cases. This panel will provide an overview of the 2025 amendments to Bankruptcy Rule 3002.1, how chapter 13 trustees are handling the additional oversight obligations, and best practices employed by creditors to address certain blind spots and ambiguities. The panelists will discuss the In re Klemkowski decision and its potential impact on the mortgage-servicing landscape. In particular, the panelists will address the benefits (but associated risks) in a debtor’s use of online payment portals during a consumer bankruptcy case.Learning Objectives:Attendees will understand the key amendments to Bankruptcy Rule 3002.1, including new forms and enhanced response requirements for mortgage creditors in Chapter 13 cases.Attendees will gain insight into how Chapter 13 trustees are handling increased oversight responsibilities and the resulting impact on case administration.Attendees will learn practical strategies and best practices for mortgage creditors to ensure compliance, address ambiguities in Rule 3002.1, and evaluate risks associated with online payment portals during bankruptcy cases. 

This panel will discuss the unique ways different courts are addressing merchant cash advance agreements (MCAs) under the Code within the context of sales versus loans and chapter 5 actions. In addition, the panelists will spot novel ways in which the agreements are getting tested under the Code, including under § 365, priority issues, tackling the “normal course of business” defense and the applicability of constructive fraud.Learning Objectives:Attendees will understand how courts are addressing merchant cash advance agreements under the Bankruptcy Code, including emerging approaches beyond the traditional sale versus loan analysis.Attendees will learn the key factors courts consider when determining whether a merchant cash advance constitutes a true sale or a disguised loan.Attendees will identify how merchant cash advance agreements are being challenged under chapter 5 and other provisions of the Code, including section 365, priority disputes, the ordinary course of business defense, and constructive fraud. 

In this session, career law clerks will provide attorneys with insights into the efficient and ethical administration of cases. The panelists will cover ethical considerations for attorneys and litigants when interacting with the court by providing best practices for communications and pleadings, and attendees will learn best practices for a high-volume practice, and receive practical guidance for efficiently navigating bankruptcy cases.Learning Objectives:Attendees will gain insight into the day-to-day role of career law clerks, including how they collaborate with judges, manage case flow, and navigate the procedural framework of bankruptcy courts.Attendees will understand the judicial decision-making process in consumer bankruptcy matters and how clerks evaluate pleadings, evidence, and advocacy from the court’s perspective.Attendees will learn practical strategies for effective advocacy in bankruptcy court, including how to address procedural expectations and navigate the interpersonal dynamics that influence case outcomes. 

This panel will explore the critical intersection of personal-injury claims and consumer bankruptcy practice by guiding attorneys through identifying, disclosing and managing personal-injury actions within a bankruptcy case to ensure compliance and maximize outcomes for clients. The panelists will discuss best practices for client intake, coordination with personal injury counsel, and proper disclosure on bankruptcy schedules. The panelists also will address emerging legal considerations, including a pending Supreme Court decision that could impact disclosure obligations and case strategy. Attendees will leave better equipped to protect their clients from costly missteps and ensure they are not disadvantaged in both arenas.Learning Objectives:Attendees will learn how to effectively identify and question debtors about potential or pending personal injury claims during the client intake process.Attendees will understand proper procedures for disclosing personal injury actions on bankruptcy schedules to ensure compliance and avoid adverse consequences.Attendees will gain practical strategies for coordinating with personal injury counsel and understanding the implications of recent and pending case law developments. 

Liability management exercises (LMEs) have become an increasingly prominent tool for financially distressed companies seeking to raise new capital, refinance existing obligations, and restructure debt outside of bankruptcy. From uptiers and drop-downs to double-dips and pari-plus transactions, courts are now confronting the enforceability of these transactions and defining their limits. This panel will examine the structural mechanics of LMEs, survey the evolving litigation landscape, and consider the broader implications for borrowers, lenders and the restructuring market.

This panel will explore current pressures on health care operators, financing structures and real estate transactions. The panelists will cover entity structures, lending approaches and key trends defining today's health care market.Learning Objectives:Attendees will learn to:Identify current financial pressures on health care operators and their impact on real estate transaction structures and lending approaches.Analyze entity structuring options and financing mechanisms commonly used in health care real estate transactions.Evaluate emerging trends in health care operator distress and their implications for lenders, investors and restructuring professionals.

Fraud can surface at any stage of a transaction—and its impact can be devastating. This session guides attendees through the key phases where fraud risk emerges, spotting early warning signs during underwriting, recognizing post‑closing concerns that signal deeper issues, and deploying the appropriate remedies when misconduct becomes clear. Panelists will share real‑world examples, investigative approaches, and strategic responses used by lenders, advisors, litigators, and special servicers.Learning Objectives:Attendees will learn to:Identify early warning signs of fraud during underwriting and recognize post-closing red flags that indicate potential misconduct in real estate transactions.Apply investigative approaches and evidentiary standards used by lenders, special servicers and advisors to substantiate fraud claims.Formulate strategic legal remedies and recovery options available to victims of real estate fraud, including litigation strategies and alternative dispute resolution.

This panel will explore strategies and pitfalls in distressed lease and asset sales, both in and out of court. Panelists will address key issues in negotiating lease workouts and structuring asset sales, highlighting how tactics shift depending on asset class. Discussion will cover recent trends, including repeat bankruptcies and the rise of lease-only and stand-alone asset sales, with practical insights for stakeholders navigating today’s restructuring challenges.Learning Objectives:Attendees will learn to:Draft and negotiate lease workout agreements and structure asset sales in both in-court and out-of-court distressed scenarios.Distinguish between tactical approaches for different asset classes and identify common pitfalls in distressed lease and asset sale transactions.Analyze emerging trends, including repeat bankruptcy filings, lease-only sales, and stand-alone asset dispositions, to develop effective stakeholder strategies.