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New content Listing style check with Riding Through Bankruptcy: Another Look at § 521 and the Debtor’s Intentions Riding Through Bankruptcy: Another Look at § 521 and the Debtor’s Intentions

On the other hand, we denounce with righteous indignation and dislike men who are so beguiled and demoralized by the charms of pleasure of the moment, so blinded by desire, that they cannot foresee the pain and trouble that are bound to ensue; and equal blame belongs to those who fail in their duty through weakness of will, which is the same as saying through shrinking from toil and pain. These cases are perfectly simple and easy to distinguish. In a free hour, when our power of choice is untrammelled and when nothing prevents our being able to do what we like best, every pleasure is to be welcomed and every pain avoided. But in certain circumstances and owing to the claims of duty or the obligations of business it will frequently occur that pleasures have to be repudiated and annoyances accepted. The wise man therefore always holds in these matters to this principle of selection: he rejects pleasures to secure other greater pleasures, or else he endures pains to avoid worse pains.On the other hand, we denounce with righteous indignation and dislike men who are so beguiled and demoralized by the charms of pleasure of the moment, so blinded by desire, that they cannot foresee the pain and trouble that are bound to ensue; and equal blame belongs to those who fail in their duty through weakness of will, which is the same as saying through shrinking from toil and pain. These cases are perfectly simple and easy to distinguish. In a free hour, when our power of choice is untrammelled and when nothing prevents our being able to do what we like best, every pleasure is to be welcomed and every pain avoided. But in certain circumstances and owing to the claims of duty or the obligations of business it will frequently occur that pleasures have to be repudiated and annoyances accepted. The wise man therefore always holds in these matters to this principle of selection: he rejects pleasures to secure other greater pleasures, or else he endures pains to avoid worse pains

ABI-Live: Husky Aftermath – Where Do Things Stand With "Actual Fraud"?

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Courts wrestle with applying Husky to except from an individual’s discharge creditor claims involving fraud or fraudulent transfers. Some courts carve a narrow path, while others take the opinion at its fullest meaning, suggesting a broad new cause of action for nondischargeability. This is especially true for directors and officers who use their control of nondebtor entities to benefit from fraudulent activity, including actual and constructive fraudulent transfers. Such actions also give rise to related breach of fiduciary duty claims and aiding-and-abetting liability that likewise could prove to be nondischargeable. The panelists will debate claims and defenses based on the evolving case law, and share their views on what lies next.

Conflict Issues and Getting Paid

This panel will address various ethical issues including conflicts, chapter 7 bundling and payment arrangements, and chapter 11 retention and fee applications. Learn how to identify potential conflicts, and discover strategies to deal with them. The panel will also discuss the negotiation of fee agreements before and the application for payment of fees during bankruptcy cases.

ABI Talks

Join us for a round of the “ABI Talks,” with speakers focusing on the ABI Consumer Commission, litigation finance in bankruptcy, transfers and more.

An Individual Chapter 11 Case Is Not Just a Bigger 13

This panel will discuss pre-petition considerations, disposition of assets and conversion concerns at issue in individual chapter 11 cases.

Chapter 7 Debtor and Trustee Interactions

This panel will focus on numerous chapter 7 issues, such as avoidable transfers, abandonment, exemptions, reopening of cases and asset-protection trusts.

Getting Paid and Avoiding Disgorgement

This panel will focus on carve-out issues, the effects of ASARCO and Baker Botts, and § 506(c) issues. The panel will also address retention issues and administrative insolvency.

Selecting and Advocating Expert Witnesses

This panel will address the selection and use of expert witnesses, including tips on how to select an expert, how to prepare an expert and what a judge might find most useful.

Chapter 11 Plan-Confirmation Issues

This panel will address various plan-confirmation issues, including third-party releases, equitable mootness, post-confirmation trusts, and the impact of cases such as Sunnyslope and Millennium Labs.

Discharge and Dischargeability Issues

This panel will address various discharge and dischargeability issues such as standing, imputation of knowledge and limitations on reopening cases.