2016, 2016 Southwest Bankruptcy Conference

NO CLE - Ethics Roundtable

This panel will discuss various ethical issues in consumer- and business-related bankruptcy cases and other restructurings.

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NO CLE - Hotcakes and Hot Topics: Judges’ Roundtable Q&A

This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country. The judges will share their thoughts and perspectives, as well as take questions from the audience, on topics of current interest in both business and consumer cases.

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NO CLE - Very Good Debates

John W. Lucas, Moderator
Pachulski Stang Ziehl & Jones LLP; San Francisco
Judicial Debate
Resolved: Structured dismissals of chapter 11 cases must always follow the Bankruptcy Code's priority structure.
Pro: Hon. August B. Landis
U.S. Bankruptcy Court (D. Nev.); Las Vegas
Con: Hon. Deborah L. Thorne
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Business Debate
Resolved, a company deriving income indirectly from marijuana sales that are legal under state law should be eligible for relief under the Bankruptcy Code.
Pro: Daniel J. Garfield
McAllister Law Office P.C.; Denver

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NO CLE - Selling an Insider’s Claim and Buying Plan Confirmation

In the first decision addressing the point, the Ninth Circuit held that there’s a difference between an insider and a claim held by an insider. The ruling blessed an insider’s sale of a claim, relieving the claim of any taint and allowing the new holder to vote on confirmation. The panel looks at the developing issues on whether the buyer is a nonstatutory insider and whether the plan can be pursued in good faith after such a sale.

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NO CLE - Recovering and Protecting Legal Fees in Bankruptcy: A Real Gamble! (Consumer Cross-Over Panel)

This panel will discuss the various obstacles attorneys can encounter when collecting fees. The discussion will include enforcement of contractual and statutory rights to payment, over- and undersecured claims, preference claims arising from the payment of attorneys’ fees, fees incurred defending fee application objections, and other related issues.

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NO CLE - Consumer Bankruptcy Law Update

This panel will include a survey of recent developments in consumer bankruptcy law and will discuss when filing a proof of claim for a stale claim is a violation of the FDCPA (e.g., CFPB v. Hanna Law Firm, chapter 13 attorneys’ fees after the Supreme Court decision of Viegelahn v. Harris, chapter 7 trustees’ ability to prime certain liens in favor of other creditors using § 724, state of student loan discharges), among other issues.

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NO CLE - D&O Policies, Property of the Estate and Case Administration

This panel will discuss how the D&O insurance policy of a company in chapter 11 is impacted by the company’s filing, and will include property-of-the-estate issues, stay relief and court authorization, and how to use the proceeds to drive settlements.

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NO CLE - How to Use Adversary Proceedings Process in Chapter 7 and 13 Cases

This panel will discuss how consumer attorneys can use chapter 5 avoidance actions and other adversary proceedings in chapter 7 and 13 cases.

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NO CLE - What Do Clients Really Want? (Consumer Cross-Over Panel)

This panel will include individuals from various business sectors discussing how they select counsel and what they expect from their counsel during the representation.

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NO CLE - Recent Developments in Chapter 11

This panel will discuss recent developments in chapter 11 and other business-related restructuring issues.

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