Rhode Island

Several authors of ABI’s recent publication, The Chief Restructuring Officer’s Guide to Bankruptcy, will be joined by other experts to discuss various issues raised in the book and provide practical insight into the rights and responsibilities of CROs in distressed situations.

An issue consistently raised during the course of the Consumer Bankruptcy Fee Study was the effect of higher bankruptcy costs and the cumbersome and time-consuming bankruptcy process on distributions to unsecured creditors. Given that increasing creditor distributions was a reason for BAPCPA’s enactment, that this question was ripe for exploration. Prof. Lupica will present the findings of her study and the panel will discuss.

"Past President's Debate:
Resolved: The chapter 11 model is no longer viable for middle-market businesses.

Consumer Debate:
Resolved: Section 523(a)(8) should be repealed or amended to allow for the discharge of all student loan debts.

Judicial Debate:
Resolved: Section 546(e) does not apply to each and every link in a chain of transactions resulting in a ""settlement payment"" that is protected by the safe harbor provisions."

A Preview of upcoming Supreme Court bankruptcy cases, featuring ABI Resident Scholar Kara Bruce talking with Eric Brunstad of Dechert LLP (Hartford, Conn.) to preview the bankruptcy cases that the Supreme Court will consider during its 2013 term. Brunstad, who has argued many cases before the Court and is an expert in bankruptcy appellate practice, discusses in depth Law v. Siegel, which questions whether the court may use its general equitable authority under §105 of the Bankruptcy Code to surcharge a debtor's exempt assets, and Executive Benefits Insurance Agency v.

Chapter 11 Track: The § 1111(b) Election, Plan Feasibility and Cramdown Issues

Utilizing a case study, this panel will explore issues surrounding a lender’s decision on whether or not to make an election under § 1111(b), feasibility issues, voting issues and solid mathematical analysis.