Venue/Jurisdiction

Contracting Out of Bankruptcy: Domestic and International Considerations

This panel will explore the effectiveness (and, sometimes, lack thereof) of creditor strategies to restrict by contract a borrower’s ability to obtain bankruptcy relief, whether by limiting the ability of a corporate borrower to seek bankruptcy relief without certain stakeholder approvals, limiting the type of available bankruptcy relief, choosing which country’s bankruptcy laws will apply to an insolvency proceeding involving the borrower, bankruptcy-remote structuring techniques, and other means. For example, the U.S.

$25.00
$25.00

Caribbean Track: Strategic Use of Independent Directors in Multi-Jurisdictional Insolvency Proceedings

This panel will explore the roles, responsibilities, benefits, and liabilities in using independent directors through multi-jurisdictional insolvency proceedings and will discuss using directors strategically throughout the life of a company. The panelists will explain the three typical stages of a company where directors could be instructed — going concern, insolvency, and emergence from a restructuring — then explain the roles and responsibilities at each of these appointments.

$25.00
$25.00

Chapter 15 Update: Discovery, Drawbridge, Venue, Parallel Cases and Other Hot Topics in Cross-Border Cases

This panel will discuss recent Chapter 15 and cross-border cases, including those involving the scope of discovery available to foreign representatives, § 109 eligibility, venue issues, and parallel case concerns. The panel will also discuss logistical and practical solutions in running chapter 15 cases.

$25.00
$25.00

No CLE - ABI-Live: It’s Never Really Over, Even When It’s Over: Analyzing The Limits Of Bankruptcy Jurisdiction

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Why Not Here? An Examination of Why More Chapter 11 Business Cases Aren’t Filed in the Southeast

This panel will examine the factors considered by debtors and their advisors when determining where to file a large chapter 11 business case, and the occasional efforts to have the case transferred to a venue that is arguably more convenient to creditors, employees and/or shareholders. The panel will also discuss the pending legislation known as the Bankruptcy Venue Reform Act of 2018 (S. 2282) — as well as the arguments both supporting and opposing its passage.

$25.00
$25.00

Chapter 13 Hot Topics

This panel will address numerous chapter 13 hot topics, such as the use of the national plan, modified national plan and local plans, the treatment of special claims in plans, end-of-case issues, the modification of plans and related topics.

$25.00
$25.00

NO CLE - Intersection of Bankruptcy Court and State Court

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NO CLE - A Tale of Two Business Courts

This panel will discuss the similarities and differences of judicial approaches in Delaware’s two most prominent business courts: Chancery and Bankruptcy. The panelists will discuss how the different courts approach their reviews of transactions and the statutory interpretations for two statute-driven practices, and how an appellate court views the two courts.

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NO CLE - Interaction Between State and Bankruptcy Courts

This session will feature a discussion regarding the various bear traps and pitfalls of dealing with nonbankruptcy-related claims in the bankruptcy context. Issues will include how to avoid the bankruptcy court from dismissing your claim, the reasons that you would be estopped from challenging a claim, and when you should ask for relief to return to state court.

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NO CLE - What’s Your Favorite? Supreme Court Decisions that Will Impact (and Already Have Impacted) Bankruptcy Practice

A panel of judges, academics and Supreme Court practitioners will lead a discussion regarding the 2016-17 Supreme Court decisions of note for insolvency practitioners, as well as the high court’s most impactful, interesting or problematic decisions on bankruptcy practice to date. Amendments to Rule 37(e) (in effect since December 2015), as well as courts’ and litigants’ experiences with amended Rule 37(e), will also be discussed.

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