2019, 2019 Winter Leadership Conference

NO CLE - The Continued Use of Blocking Directors and Managers in Bankruptcy-Related Transactions

This panel will explore the efforts being taken to use blocking provisions in corporate and company organizational documents to limit the possibility of a bankruptcy filing, and will discuss the importance of independent board members in various transactions throughout the duration of a chapter 11 case and financial distress.

Free Session

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NO CLE - Fraudulent Schemes Involving Real Estate

Real Estate is red-hot right now — which means it’s an attractant for both the savvy investor and the fraudster. Don’t miss getting the inside scoop on the law and insights from other perspectives concerning the latest schemes and themes in real estate fraud and bankruptcy.

Free Session

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NO CLE - How to Negotiate and Draft Sale Documents and Pleadings in Chapter 11 Cases

This panel will focus on drafting skills for bankruptcy and restructuring attorneys. It is intended to provide a practical “how to” discussion and analysis of negotiating and drafting chapter 11 sale documents and pleadings, including asset-purchase agreements, bid-procedure motions and orders, sale motions and orders, and related documents. The session will also provide form documents and discuss heavily negotiated or scrutinized provisions.

Free Session

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NO CLE - Yes, You Need Them: The Value of Financial Advisors and Investment Bankers in § 363 Sales

This panel will discuss the value and involvement of financial advisors and investment bankers in successful § 363 sales, as well as strategies for working with financial advisors and investment bankers to navigate negotiations of § 363 sale terms, maximizing recoveries, and handling ethical issues that may arise in § 363 sales.

Free Session

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NO CLE - Consumer Attorney Fees: Everything You Always Wanted to Know — The Good, the Bad and the Ugly (Ethics)

Everyone likes to see lawyers get paid! This panel will address the differing approaches for attorney fees in chapter 13 cases across the country and discuss the allowance of debtor and creditor fees while examining and discussing the ABI Consumer Commission’s recommendation on fees in chapter 13 cases generally.

Free Session

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NO CLE - The Intersection of the Federal Arbitration Act and the Bankruptcy Code: Whose Discretion Is It, and What Does It Mean to the Future of Bankruptcy?

Neither the Bankruptcy Code nor the Bankruptcy Code’s legislative history contains an exception to the Federal Arbitration Act (FAA). As a result, bankruptcy courts grappling with whether to enforce an arbitration clause in bankruptcy have focused on whether there is an inherent conflict between the Bankruptcy Code and enforcement of arbitration pursuant to the FAA. The determination that arbitration is required could be the death knell for bankruptcy debtors.

Free Session

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NO CLE - Walk a Mile in My Shoes: The Ethics Challenges of Bankruptcy Attorneys Who Represent Debtors in Chapter 13 Cases

There have been significant challenges to the roles that counsel to debtors and creditors have played in chapter 13 cases since the enactment of BAPCPA, with little recognition that the success in completing a case through discharge is directly proportional to the efforts of the professionals involved in the proceeding, often in the face of contending with very difficult clients and circumstances.

Free Session

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NO CLE - The Party’s Over; Now, Who’s Cleaning Up?: The Post-Apocalyptic Landscape Following a § 363 Sale

The purchaser has bought all the assets, and management has a new boss. Who is left to clean up, and what are the tax, governance, potential claims against management and D&O implications that need to be addressed should the case convert? This session will address these issues and more.

Free Session

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NO CLE - Ethics Jeopardy

This session will be an interactive program that will inform participants and provide guidance concerning fundamental issues and best practices surrounding professional responsibility and ethical conduct. Part trivia, part panel presentation, the session will engage participants to self-select “answers” from several Jeopardy categories focused on issues of interest, then provide the corresponding “questions” (prizes will be awarded). For each answer/question, our panel will provide analysis and commentary. Plus, you get ethics credit just for showing up!

Free Session

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NO CLE - ABI Talks: Super-Speedy Prepacks: What Are They Good For?

Earlier this year, a chapter 11 case was filed and a plan confirmed in 19 hours. A one-day prepack offers several advantages to creditors and debtors alike. What cases are a good fit for a lightning-speed chapter 11, and what due process concerns must be satisfied?

Free Session

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