A Comparison of Insolvency Regimes and Fiduciary Duties: United States, Mexico, Offshore and Beyond
This panel will discuss the bankruptcy and insolvency processes in the U.S. and abroad, focusing on Mexico and offshore jurisdictions. The panelists will cover such topics as potential surprises for a foreign creditor in a U.S. chapter 11 case, as well as fiduciary duties in jurisdictions such as Delaware, Mexico and the Cayman Islands, and will compare concurso mercantile versus U.S. chapter 11.
Emerging Issues in Consumer Bankruptcy
This panel will delve into emerging issues in bankruptcy cases, offering perspectives from practitioners, chapter 13 trustees and the bench. The panelists will focus on post-confirmation appreciation in asset values, such as who gets the appreciation if the house sells during the chapter 13 or if the case converts to chapter 7; early plan payouts, evaluating final payments before the end of the commitment period, hardship discharges and creative plan modifications; no-look and bifurcated fees; and end-of-case mortgage issue solutions.
Have It Your Way: Choosing from Among Chapter 11, ABCs and Receiverships
This panel will discuss the differences between state court assignments for the benefit of creditors and receiverships, and chapters 11 and 7 and subchapter V.
Bill Rochelle and Guests
ABI Editor-at-Large Bill Rochelle, author of Rochelle’s Daily Wire, will lead a discussion with a panel of judges regarding recent significant cases involving subchapter V case law, simultaneous representation, and the need for financial distress before filing.
Rule 2014: Beyond “Disclose Disclose Disclose"
Bankruptcy practitioners are all familiar with the old adage “disclose, disclose, disclose” when it comes to disclosures of connections under Bankruptcy Rule 2014 in a retention application. But what exactly makes a disclosure meaningful, and how does one ensure that relevant information is disclosed? This panel will explore the gray areas between our ethical obligations as attorneys, the requirements imposed by the Bankruptcy Code and Rules, and practical limitations of bankruptcy disclosures for estate professionals.
A Discussion of Critical Issues and Practical Tips for the Subchapter V Trustee and Practitioner
This panel will provide an overview and discussion of the current status of the law on subchapter V, including any recent legislation and the ABI Subchapter V Task Force's Final Report. The panelists will cover such key legal issues as eligibility, plan confirmation and other topics, the role of the subchapter V trustee both during the case and after plan confirmation, and important post-confirmation issues such as plan defaults and reporting.
Triage for the Healthcare Industry
This panel will analyze the drivers that are fueling the increasing number of health care bankruptcy filings, as well as the unique challenges facing health care debtors post-petition.
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