2019, 2019 Bankruptcy 2019: Views from the Bench

Cheat, Prey, Shove: 3 Acts Forbidden by Ethics

Oftentimes lawyers must deal with people in vulnerable positions- and there are a whole host of rules that govern our behavior in those instances. Cheating (misrepresentation, rule 4.1 and 3.3), Preying (deceptive practices, rule 8.4), and Shoving (fairness to opposing parties and counsel, rule 3.4) are prohibited by the attorney ethics rules...and why not learn about them with a little humor?

$50.00
$50.00

Avoidance Issues

This panel will discuss preferences and fraudulent conveyances, the Fairfield cases relating to extraterritoriality, and whether returning the funds acts as a defense (Kingsley v. Wetzel (In re Kingsley), 518 F.3d 874, 877-78 (11th Cir. 2008)) versus what the Seventh Circuit has ruled on the issue (Nostalgia Network Inc. v. Lockwood, 315 F3d 717, 720 (7th Cir. 2002)).

$50.00
$50.00

NO CLE: Great Debates

Resolved: A creditor in possession of a debtor’s collateral must surrender it to avoid a stay violation.

Resolved: The legal test or application of the standard of disinterestedness should be changed.

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Current Issues Concerning and New Dilemmas for Committees

How do judges view the various types of committees–official statutory committees (including unsecured creditor, equity, retiree and tort claimant committees) and ad hoc committees? Is the makeup of the committee (trade/landlords/noteholders/bondholders/litigation claimants) relevant? What is Jevic’s impact on the ability of unsecured creditors’ committees to obtain recoveries for their constituents—do committees representing deeply out-of-the-money creditors have anything left in their toolboxes? This panel will discuss these questions and more relating to official and ad hoc committees.

$50.00
$50.00

Asset Sales

This panel will explore hot-button issues relating to sales, including: limitations on credit bidding; successor liability and related due process considerations; releases for purchasers under sale orders; and the standard for allowance of break-up fees. The panel will also reflect on lessons learned from the emergency section 363 sale of Lehman.

$50.00
$50.00

Confirmation Roundtable

This session will cover a number of recent confirmation hot topics, including pre-packaged reorganization (In re FullBeauty Brands Holding Corp.), make-whole provisions (In re Ultra Petroleum Corp.), reorganization through rights offerings (In re Pacific Drilling SA), and the ‘one day’ confirmation issue (Pacific Western Bank v. Fagerdala USA-Lompac Inc.).

$50.00
$50.00
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