Michigan

NO CLE - Bankruptcy Ethics Update

Discussion of EPF bankruptcy process issues. What are the duties of directors and their professionals in complex multi-debtor cases? More generally, when is it necessary to obtain a conflict waiver? Current vs. recent vs. former clients; directly adverse vs. positionally adverse; relatedness to a prior matter; use of confidential information; review of disinterestedness standards under Bankruptcy Code § 101(14) and related disclosure requirements; ABI Report on Standards of Professional Courtesy and Conduct.

Free Session

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NO CLE - “Governed by New York Law”? Considering the Impact of New York State Law in Bankruptcy Matters

Major cases filed in New York may follow that state’s laws because of the location of the forum, contractual designation or some other reason. But New York law on debtors/creditors, fraudulent transfer, partnership and other areas may be out of date or may depart from the laws of other jurisdictions. Discussion of New York State law issues and recent cases certified to the New York State Court of Appeals, including rent-controlled leaseholds as property rights.

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NO CLE - Fiduciary Duties from Ordinary Course, into Distress and Insolvency, and through Bankruptcy

Do directors’ duties or decision processes change when the company’s conditions worsen? Is there still any implication to a “zone of insolvency”? How do directors’ duties change in bankruptcy? What duties are there to secured and unsecured creditors? Are there duties to controlled affiliates or their constituencies? Are there process protections? Quadrant (Delaware decision on board action).

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NO CLE - Controversial Issues in Valuation

Topics may include selection of comparable companies; liquidity and marketability discounts; discounts for size and reorganization risk; determining a discount rate; option-based valuation methodologies (note that the panelists will discuss and highlight different positions that may be taken, but will leave it to you to decide which positions have more merit).

Free Session

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NO CLE - Professional Responsibility and Ethics Issues Arising from Cross-Border Representations in Insolvency Cases

Conflicting ethics and professionalism under different jurisdictions; required disclosures; duties to the various courts; duties to your client; different fiduciary duties; the ethics of insolvency planning and COMI-shifting.

Free Session

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NO CLE - Bankruptcy Litigation Panel

Fraudulent transfer update (§ 546(e) (Lyondell, Tribune, Boston Generating)); Cortlandt; automatic stay litigation (i.e., requirement to turn over funds (Weber)); § 503(b)(9); aiding and abetting claims (Rural Metro); post-Stern consent to jurisdiction cases (Sixth, Seventh and Ninth Circuits and Supreme Court (Exec. Benefits, Wellness).

Free Session

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NO CLE - Momentive Deconstructed

A detailed analysis of the many aspects of this important bankruptcy court decision.

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NO CLE - "Judges' Roundtable: Selected Current Topics Including the ABI Reform Commission Report

Free Session

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NO CLE - Keynote Luncheon: A Conversation with Hon. Steven W. Rhodes

NO CLE Credit Available - Free Session.

Join in a dialogue led by former ABI Presidents:
Richardo I. Kilpatrick
Kilpatrick & Associates, PC; Auburn Hills, Mich.
Melissa Kibler Knoll
Mesirow Financial Consulting, LLC; Chicago
Michael P. Richman
Hunton & Williams LLP; New York

Free Session

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NO CLE - Anatomy of a Chapter 11 Plan Confirmation Hearing

This panel will explore key chapter 11 plan confirmation issues by way of a live demonstration of a confirmation hearing. The demonstration will address the most commonly litigated legal issues with respect to plan confirmation, the evidence required to satisfy those requirements, and in particular, how to present and cross-examine experts in connection with feasibility. How would you rule?

Free Session

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