Hawaii

Do “Out-of-the-Money” Creditors Have Standing?

There are many chapter 11’s filed primarily to sell the collateral
for undersecured creditors—meaning that there isn’t any value generated
for unsecured creditors or equity. This panel will explore the various
issues that result such as basic standing and the appropriateness of
forming and maintaining a creditors committee and an equity committee.
The panel will also discuss the various arguments put forth to justify a
carveout or “gift” for unsecured creditors and the often used

Litigating the Cramdown Rate

“Cram down” requires full payment of secured classes. This, in turn,
requires a present value analysis of the dividends secured creditors
will receive under the plan. This panel will review what debtors and
secured creditors need to show to establish a cramdown rate and the
nuts-and-bolts evidentiary issues joined by cramdown litigation.

What post-BAPCPA issues continue to challenge chapter 13 practitioners,
and what challenges lie ahead for debtors, creditors and trustees? This
panel will discuss the most recent changes affecting chapter 13
practice: the claims process and Bankruptcy Rule 3002.1, as well as the
national settlements involving the largest players in the home mortgage
industry.

As same-sex marriage continues to be sanctioned in states across the county, issues about the treatment of same-sex couples in bankruptcy have emerged. Does the Defense of Marriage Act (DOMA) limit a joint same-sex couple’s right to seek bankruptcy protection? How do same-sex divorces and support obligations impact the rights and obligations of

Discussion of alternative dispute resolution and mediation procedures and strategies; enforceability of mandatory arbitration clauses in bankruptcy.