Submitted by mlukban@gmail.com on Tue, 2013-09-03 09:33
No asset cases, not so fast. The treasure trove of invisible assets: avoidable transfers, fraud claims, clawbacks and other approaches to finding assets in assetless cases.
Free Session
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Submitted by mlukban@gmail.com on Tue, 2013-09-03 09:26
This panel includes practitioners and a distinguished bankruptcy judge who will survey current business bankruptcy developments, including a wide range of issues from bankruptcy courts’ jurisdiction, venue and constitutional authority to other practical issues affecting estate professionals, plan confirmation and enforcement, avoidance actions and other bankruptcy-related litigation.
Free Session
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Submitted by mlukban@gmail.com on Tue, 2013-09-03 09:09
This panel will address current developments and improvements in DIP financing, including incurring credit in the ordinary course, priming liens, fairness, adequate protection, loan fees, mootness and good faith.
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Submitted by mlukban@gmail.com on Tue, 2013-09-03 08:57
Business Debate
Resolved: Success fees for financial advisors should be eliminated.
(Sides to be chosen by a coin toss at the beginning of the session.)
Candace C. Carlyon
Shea & Carlyon Ltd.; Las Vegas
Frank A. Merola
Stroock & Stroock & Lavan LLP; Los Angeles Judicial Debate
Resolved: Claims benefiting from third-party guaranties may be separately classified.
Pro: Hon. Barry Russell
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Submitted by mlukban@gmail.com on Fri, 2013-08-30 11:32
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Submitted by mlukban@gmail.com on Fri, 2013-08-30 11:29
This single plenary session will feature a policy-oriented panel discussing the reasons for municipal insolvency nationally, with a particular focus on the New England Region. The panel of highly-experienced government officials, municipal receivers and thought leaders will review and debate the challenges faced by state and local leaders in their efforts to address the financial stress facing many of our cities and towns.
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Submitted by mlukban@gmail.com on Fri, 2013-08-30 11:05
The information you glean from Part I needs to be viewed with the practical approach found in Part II. If you are challenging dischargeability, how do you prove it? All debtors are in a hardship, but what is an undue hardship, and again, what evidence should you have at the ready to prove the debtor’s case. Using a short vignette, this panel will address the evidentiary and practical quandaries that must be overcome in order to plead and prove a case for dischargeability of loans under Section 523(a)(8).
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Submitted by mlukban@gmail.com on Fri, 2013-08-30 11:00
Debtors frequently emerge from bankruptcy still burdened by a burgeoning student loan debt. A private “loan for an educational benefit” can limit the fresh start many debtors need is increasingly being used to test the nondischargeability of might have once been general unsecured claims. This panel will discuss the emerging issues and case law surrounding nondischargeability, as well as strategies for maximizing the benefits of the bankruptcy system for struggling debtors.
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Submitted by mlukban@gmail.com on Fri, 2013-08-30 10:35
Even before the first discussion in Newport at the 2011 ABI Consumer Forum, practitioners have experienced the difficulties inherent with managing a client with a mental illness or impairment. There can be even more challenges to managing any client matter when an opposing party suffers from a mental illness, especially when that party is self-represented.
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Submitted by mlukban@gmail.com on Fri, 2013-08-30 09:08
Homeowners and their creditors continue to face variety of emerging challenges in bankruptcy cases. What rights do lien holders have when only one of the obligors files bankruptcy? What potential issues await all owners after only one receives a discharge? Can a debtor modify a mortgage loan without reaffirming the debt, and if not, what are the considerations for all parties?
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