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Views from the Bench: Mass Torts

This panel will focus on the removal and consolidation of tort claims, including those against nondebtors (e.g., Imerys); the aggressive estimation of tort claims for voting purposes (e.g., PG&E and the one-dollar estimation effort); third-party releases (e.g., the effort we are likely to see in BSA to get releases for local councils); channeling injunctions outside of the asbestos context (being used increasingly, but will the bench eventually push back?); the impact of criminal proceedings on a mass tort debtor’s ability to reorganize (e.g., PG&E and some of the pharma cases); the need for multiple committees (e.g., creditors + victims in BSA; the UCC and TCC in PG&E; and the failed effort to appoint a public entities committee in cases); notice and due process issues (e.g., notice to fire victims in PG&E); proposed trust structures; class actions in chapter 11; and Garlock.
1 hour 16 minutes 26 seconds

Views from the Bench: Sales - Chapter 11 or § 363?

Should § 363 sales occur early in a case? Should the Federal Foreclosure Act be invoked? The panelists will discuss these issues, as well as sales in confirmation; circumstances under which a court may preclude or limit credit bidding under § 363(k); whether to push for dismissal, conversion, or a liquidating trust; mootness and appeals; Rule 9019 settlements combined with sales to make them harder to appeal; whether Fulton will further increase the power of secured creditors; and extraordinary changes in the economy (delay or convert?).
1 hour 13 minutes 42 seconds

Views from the Bench: Ethics

This session will highlight several of the Rules of Professional Conduct, including RPC 1.5 (Fees); the Alix/McKinsey litigation; RPC 3.3 (Candor to Tribunal); RPC 4.1 (Truthfulness to Others); the U.S. Trustee guidelines concerning retainers; RPC 7.1 (Communications Concerning a Lawyer’s Services); overbilling, RPC 8.4 (Misconduct); fee examiners, RPC 1.3 (Diligence); disclosures, Bankruptcy Rule 2014; RPC 1.7 (Conflict of Interest); and RPC 7.3 (Solicitation of Clients).
1 hour 13 minutes 32 seconds

ABI Talks (Insolvency 2020)

Ensuring Conflicts are Transparent in 2020 Hidden conflicts of interest in bankruptcy are a stain on the integrity of the bankruptcy system. What should be done to better police the clear standards of disinterestedness and sanction misconduct? Intersection of Bankruptcy and Social Issues Bankruptcy has been largely been viewed as a solution to solely economic and financial concerns. Historically, scholarship related to bankruptcy’s intersection with social issues has focused on the social problems that may result from bankruptcy or the social issues of which bankruptcy may be a symptom. Over the last several years, however, bankruptcy has been a common thread in some of the largest social movements of our generation. This discussion centers around the intersection of bankruptcy and some of today's social issues, including the “#MeToo” movement, the Catholic Church and Boy Scouts of America abuse scandals, and the racial justice demonstrations regarding housing and policing. The ways in which bankruptcy practitioners and the bench have been asked to craft solutions to address social ills will be explored within the framework of the Bankruptcy Code, as well as the ways in which bankruptcy will continue to play a part in addressing social issues. Lasting Impacts of COVID-19 on Law Firm Operations and Legal Service Delivery No business or industry has escaped the impacts of COVID-19. In this session, seasoned bankruptcy attorney and law firm Chairman Robert Sartin will discuss how the modern global pandemic has changed the future of law firm operations. He’ll also examine the challenges of leading in a fluid and unprecedented environment, and review what many firm leaders are predicting as the new landscape of practicing law and delivering legal services.
53 minutes 23 seconds

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Administrative Expense Claims

Reviews processes and requirements for post-petition claims that get priority payment, including professional fees, utilities, and goods received within 20 days of filing.

Alternative Dispute Resolution

Examines mediation, arbitration, and other non-litigation approaches to resolve bankruptcy disputes efficiently and cost-effectively.

Asset Sales

Analyzes issues practitioners may face when completing asset sales in and out of bankruptcy, and best practices for successful outcomes.

Automatic Stay

Explores scope and application of automatic stay protection, including exceptions, violations, and procedures for obtaining stay relief.

Claims

Discusses the evaluation, trading, and resolution of bankruptcy claims. Covers creditor rights and their impact on restructuring.

Bankruptcy Litigation

Studies recent case law and rules of practice, evidence and procedure, connecting professionals engaged in bankruptcy-related litigation.

Certification

Covers professional certification requirements and processes for bankruptcy practitioners, including specialized credentials and continuing education.

Corporate Governance

Analyzes fiduciary duties, management responsibilities, and board oversight during bankruptcy proceedings and restructuring.

Court Administration

Reviews court procedures, filing requirements, and administrative processes in bankruptcy cases.

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