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Emerging Bankruptcy Issues

This panel will delve into emerging issues in bankruptcy cases, specifically ones relating to technology issues.
1 hour 17 minutes 52 seconds

Alternative Capital Structures

This panel will examine various alternative capital structures used for structuring transactions and obtaining access to capital.
1 hour 17 minutes 17 seconds

Breaking the Bar: Wisdom from the Untold Stories of the Most Impactful Attorneys

Hosted by IWIRC Mountain Desert Chapter While most attorneys focus on passing the bar, there are a select few who have etched their names in history by breaking that bar, refusing to accept anything short of “equal justice under the law.” These legal trailblazers understand that the law is for the living, and change is inevitable to ensure that justice evolves alongside society. Their advocacy and diversity of thought have shaped the very decisions of the highest courts, forging inclusive paths where none existed before. When society was unable to pay its debts to equality and fairness, these attorneys recognized bankruptcy not as an end, but as a tool — a powerful instrument for creditors of life, liberty and the pursuit of happiness. Join us as we explore the untold stories of these remarkable individuals, past and present, who redefine what it means to be impactful in the world of law.

Litigation Round-Up

This panel will discuss a selection of cases that raise current substantive bankruptcy issues and litigation challenges, including how to convince a bankruptcy court to extend the automatic stay (or issue an injunction) to protect debtor-related (but nondebtor) entities from tort or other litigation that could interfere with the plan process (e.g., Robertshaw (S.D. Tex. 2024); Roman Catholic Diocese of Rockville Center (S.D.N.Y. 2023)); how best to present valuation evidence for unusual, complex and illiquid assets, including mortgage-backed securities, derivatives and crypto assets; and how to deal with evidentiary issues — particularly relating to damages — arising in “liability management” litigation. The panelists will conclude with a rapid-fire presentation of successful bankruptcy litigation tips.
1 hour 23 minutes 56 seconds

BAPCPA and Legislative Fixes: 20 Years Later

This panel will discuss the wide-ranging changes to the Bankruptcy Code resulting from the 2005 amendments, and how they do and do not continue to affect bankruptcy practice today.
1 hour 14 minutes 7 seconds

U.S. Trustee Hot-Button Issues

This panel will cover such topics as exculpation/opt-in, opt-out, as well as U.S. Trustee views on programmatic positions vs. litigating a case. The panelists will cover topics relating to fees, such as the role of a fee examiner, and nonestate professional fee requests. Attendees also will learn about the importance of sealing personally identifiable information — and how to do so.
1 hour 16 minutes 15 seconds

Legal and Practical Issues and Implications of Enforcing Judgments Inside and Outside of Bankruptcy

This panel will discuss and explore the legal bases and practical implications of enforcing a judgment in the context of a bankruptcy case and utilizing state law procedures and remedies. In the context of a bankruptcy case, the panelists will explore issues related to judgments that are nondischargeable or may be nondischargeable, relief from the automatic stay, foreign judgments and their interplay with chapter 15 proceedings, and judgments against nondebtor subsidiaries where assets of the debtor entities might be implicated. Outside of bankruptcy, the panelists will focus on the judgment enforcement mechanisms and tools that exist under New York law, as well as domesticating a foreign or federal court judgment from another state for enforcement in New York.
1 hour 15 minutes 35 seconds