2019, 2019 Annual Spring Meeting

The panel explores the challenges with foreign asset discovery in chapter 15 proceedings. Most foreign discovery is obtained either pursuant to Federal Rule of Bankruptcy Procedure 2004 or through the application of the Hague Convention. But how effective are these methods given the cumbersome and often complicated process of obtaining discovery? Are there more effective and efficient methods toward obtaining these results? Do other foreign jurisdictions have less cumbersome and more expedited processes to propound this type of discovery?

Technology is being used with increasing frequency to enhance the practice of law in complex chapter 11 cases. This panel discusses the use of cutting-edge technology in chapter 11 cases, including technology to collect and present data, prepare preference analyses, e-discovery, e-balloting and technology in the courtroom. The panel also discusses some of the challenges caused by technology, and how to avoid “death by data.”

Knowing the Bankruptcy Code, following the latest case law, and effectively advocating for your client in court are just some of the skills that make a consumer practitioner successful. But much of hard work in making a case successful happens before it is filed. This panel will examine the art of pre-bankruptcy planning in the consumer case, including strategies for marshaling the most accurate information from your client, selecting the chapter that is most appropriate for your client’s situation, and developing a strategy for prosecuting the case.

Hear what our seers think about the economy and specific industries. Will the economy burst? What sectors are likely to be the most challenged? Hear from the panelists on opioid issues, indenture, credit risk, the general economy and more.

Let our experts guide you through the most important current chapter 13 issues, including (1) is a chapter 7 trustee entitled to a commission on a converted case?; (2) is interest required in a 100 percent chapter 13 plan where not all disposable income is contributed?; (3) is failure to make direct payments on a mortgage grounds for denial of discharge?; and (4) can a debtor employ § 506(d) to avoid a lien in a subsequent chapter 13 case (chapter 20), even though the debtor is not eligible for discharge?