Delaware

NO CLE - Tour de Fraud: Fraudulent Conveyances

This panel will discuss applicable federal and state laws, case studies, transactions in regards to actual vs. constructive fraud, tests for constructive fraudulent transfers, and professional liability.

Free Session

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NO CLE - Property of the Estate and Exemption Issues

This panel will consider the myriad issues involving exemptions and property of the estate, including timing issues involving exemptions (In re Hageman, 388 B.R. 896 (Bankr. C.D. Ill. 2008)), dollar-value exemptions (In re Gebhart, 621 F.3d 1206 (9th Cir. 2010)), limitations on the extraterritorial effect of exemptions (In re Long, 470 B.R. 186 (Bankr. D. Kan. 2012)), non-spousal inherited IRAs (In re Clark, 714 F.3d 559 (7th Cir. 2013)), tax refunds, limited liability company membership interests and § 522(b)(3).

Free Session

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NO CLE - “Unbundling” in the Representation of Consumer Debtors: What Are the Differences Between You and a Petition Preparer?

This panel will explain the practice of “unbundling,” along with the ethical and legal considerations involved, and will provide sample engagement letters where services are unbundled. The panel will discuss evolving case law on this issue wherein debtors and their attorneys attempt to use alternative agreements to limit the scope of their representation. ABI's Ethics Task Force Final Report might also be applied.

Free Session

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NO CLE - The Internal Revenue Code and the Bankruptcy Code

This panel will discuss § 1398 short-year elections, separate-entity rules, discharge of taxes, cancellation of debt income, and tax issues arising from mortgage foreclosures, modifications and abandonment.

Free Session

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NO CLE - Lien-Stripping in Consumer Bankruptcy: Bringing or Defending Actions to Avoid Junior Mortgages

This panel will review contemporary decisions interpreting Dewsnup v. Timm and Nobelman v. American Savings Bank, such as the Wachovia Mortg. v. Smoot, 478 B.R. 555 (E.D.N.Y. 2012), which precludes lien-stripping. The discussion will also focus on §§ 1123(b)(5) and 1322(b)(2), including conflicting decisions involving the date that is relevant for deciding whether a particular property functions as the debtor’s principal residence (see In re Proctor, 494 B.R. 833 (Bankr. E.D.N.C. 2013)).

Free Session

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NO CLE - Commonly Negotiated Issues in DIP Loan Documents

This panel will discuss commonly negotiated clauses found in DIP loan facilities, including roll-up provisions, cross-collateral clauses, waivers of defenses and carve-out clauses. Priming might also be discussed, with an analysis of existing case law involving adequate protection, as well as suggested best practices from both the debtor’s and lender’s perspective.

Free Session

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NO CLE - Judges Panel

Free Session

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NO CLE - Economic Outlook for the Middle Market: Where Will the Work Be?

Free Session

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NO CLE - Getting Retained and Getting Paid

Free Session

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NO CLE - What We Have: An Overview of the Student Loan Process - 1st Session

Interview Panel

Free Session

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