Claims

NO CLE - Navigating the Claims-Trading Landscape to Avoid Potential Pitfalls

This session will discuss hot-button issues relating to claims trading, including the Supreme Court’s ruling of nonstatutory insider status as clear error, as opposed to de novo (In re The Village at Lakeridge LLC); eligibility to vote an assigned claim (In re ASHINC Corp. and In re LightSquared Inc.); disallowance of a transferred claim subject to preference challenge (In re K-B Toys); and other legal issues common to claims trading and litigation finance in bankruptcy.

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NO CLE - Cutting-Edge Issues in Avoidance Actions

This panel will cover the effects of the recent Supreme Court decision under § 546(e) of the Bankruptcy Code, valuation of avoidance actions, pre-bankruptcy planning, creditor intervention, and conflicts preventing individual debtors from pursuing claims.

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NO CLE - Very Good Debates: Judicial Debate

Resolved: Hiring an independent CRO displaces the need for the appointment of a chapter 11 trustee under § 1104(e) of the Bankruptcy Code.

Resolved: Holders of acquired claims should be required to disclose the basis in such a claim as a condition for seeking relief in a bankruptcy case.

Resolved: Holders of acquired claims should be required to disclose the basis in such a claim as a condition for seeking relief in a bankruptcy case.

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NO CLE - Barring Unknown and Unknowable Claims: The Search for the Holy Grail

This panel will explore the impact of unknown (or unknowable) claims and best practices for attempting to bar such claims through a chapter 11 plan or § 363 sale. The panelists will address cases involving product liability (including the recent GM case), environmental claims, and other situations where due-process concerns could limit the ability to bar such claims.

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NO CLE - Very Good Debates

Judicial Debate
Resolved: A debtor must obtain a judgment under chapter 5 of the Bankruptcy Code before it may invoke disallowance of a claim under section 502(d).

Business Debate
Resolved: Cure and reinstatement of a credit agreement under 1124(2) requires the payment of default interest.

Consumer Debate
Resolved: Flat fees that are earned upon receipt may not be recovered by chapter 7 trustee upon the rejection of the fee agreement.

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NO CLE - Claims Madness

Discussion of various claims related topics and issues including the impact and implications of the Supreme Court’s May 2017 decision in Midland Funding, LLC v. Johnson.

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NO CLE - Case Law and Rules Update

This session will highlight particularly interesting case law developments to date in 2017 and their impact on bankruptcy law and practice.

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NO CLE - Enjoining the Future: Unknown Claims and the Limits of Due Process

This panel will examine the strategies for dealing with unknown claims in chapter 11, the limits that due process places on those strategies, and the impact that the Second Circuit’s recent decision in In re Motors Liquidation may have on those strategies going forward.

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NO CLE - Hot Topics in Chapter 13

Equal Monthly Payments; Consequences of Surrender and Pay Direct; Rule 3001(c) issues; Fee-Shifting under Rule 3002.1; Circuit Splits on Service of Objections to Claims and Bar Dates for Secured Creditors; Unscheduled Claims

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