2023

This panel will discuss the various issues surrounding merchant cash advance (MCA) lenders from the perspectives of MCA lenders, debtors, the bench, and other secured creditors whose interests may be affected by MCA lenders.

Advising and interacting with clients remotely, with a strong reliance on electronic rather than in-person communications, is the reality for most bankruptcy professionals in a post-pandemic world. This session will focus on the resulting ethical issues facing consumer practitioners, including issues regarding the verification of debtor identity, authority issues regarding the use of client signatures, protection of confidential client information, conduct during telephonic (or video) § 341 meetings, and ethical obligations in the face of data breaches.

This session considers developments in recent case law, including fraudulent transfers in the context of tax lien foreclosures and aggressive pre-bankruptcy planning, alternative noticing, fee issues involving bifurcation and disgorgement, and dischargeability issues. The panelists will provide their perspectives and analyses from the bench, bar and trustee system regarding these latest updates.

This panel will analyze several recent and potentially controversial issues, including current views of the courts, arising in connection with avoidance actions in business bankruptcies, including the extent of due diligence required prior to bringing such actions, the sale of rights in proceeds of avoidance actions and the actions themselves; current views on replacement liens and adequate-protection liens attaching to avoidance actions granted to secured creditors in connection with debtor-in-possession financing and adequate-protection liens; provisions of DIP-financing orders extinguishing

This session will discuss the recent changes with the Department of Justice’s new Student Loan Discharge program. The panelists will explore the scope and limitations of the program, as well as best practices, including the importance of a client's present financial circumstances, expenses and repayment ability.