2015 Central States Bankruptcy Workshop, 2014

NO CLE - Valuation in a Distressed Context

This panel will discuss the assessment of a subject company and its situation, the nature of the assets in the distressed situation (i.e., company-specific or endemic of the industry), and other considerations for valuing companies in distress.

Free Session

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NO CLE - Tough & Duped v. Bigbank: A Ponzi Scheme Mock Trial

Madoff: Ponzi Presentation

Free Session

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NO CLE - Talking with the Bank’s Special Assets and Work-Out Officers: What Are You Thinking?

Free Session

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NO CLE - The Intricacies of § 363 Sales

This panel will discuss common issues that arise in a § 363 sale, including timing issues, typical marketing programs (or conversely, no-shop clauses), bid procedures, break-up fees and bid-protection provisions. The panel might also touch on critical-vendor provisions, employee incentive programs, claw-back and true-up provisions, and successor liability clauses, as well as the applicability of the various subsections in § 363(f).

Free Session

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NO CLE - Making the Return Trip: Recovering Assets in China, Mexico and Canada

This panel will discuss the complexities of recovering assets in China, Mexico and Canada, including attachment, perfection and priority issues that are unique in each jurisdiction, and the interplay of foreign registration systems and the Uniform Commercial Code. The panel discussion might include some of the complications involved in owning or being secured by foreign assets, including foreign exchange and other currency restrictions.

Free Session

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NO CLE - Financing the Turnaround and the Plan: Issues Involving the § 1111(b)(2) Election, Plan Feasibility and Cramdown Interest Rate Complexities

This panel will examine a multitude of issues involved in financing a chapter 11 exit, including the complications caused by a § 1111(b) election and plan treatment options. Feasibility issues, including balloon provisions and deed-in-lieu clauses, will also be discussed, as well as issues that arise when determining whether a plan is fair and equitable, including deferred payment clauses, interest rates, negative amortization, partial surrender of collateral, carve-outs and differing treatment of trade claims.

Free Session

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NO CLE - Tour de Fraud: Fraudulent Conveyances

This panel will discuss applicable federal and state laws, case studies, transactions in regards to actual vs. constructive fraud, tests for constructive fraudulent transfers, and professional liability.

Free Session

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NO CLE - Property of the Estate and Exemption Issues

This panel will consider the myriad issues involving exemptions and property of the estate, including timing issues involving exemptions (In re Hageman, 388 B.R. 896 (Bankr. C.D. Ill. 2008)), dollar-value exemptions (In re Gebhart, 621 F.3d 1206 (9th Cir. 2010)), limitations on the extraterritorial effect of exemptions (In re Long, 470 B.R. 186 (Bankr. D. Kan. 2012)), non-spousal inherited IRAs (In re Clark, 714 F.3d 559 (7th Cir. 2013)), tax refunds, limited liability company membership interests and § 522(b)(3).

Free Session

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NO CLE - “Unbundling” in the Representation of Consumer Debtors: What Are the Differences Between You and a Petition Preparer?

This panel will explain the practice of “unbundling,” along with the ethical and legal considerations involved, and will provide sample engagement letters where services are unbundled. The panel will discuss evolving case law on this issue wherein debtors and their attorneys attempt to use alternative agreements to limit the scope of their representation. ABI's Ethics Task Force Final Report might also be applied.

Free Session

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NO CLE - The Internal Revenue Code and the Bankruptcy Code

This panel will discuss § 1398 short-year elections, separate-entity rules, discharge of taxes, cancellation of debt income, and tax issues arising from mortgage foreclosures, modifications and abandonment.

Free Session

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