2019 Caribbean Insolvency Symposium, 2014

This panel is devoted to four interrelated topics in Ponzi scheme cases, including (1) distribution methodology issues; (2) criminal vs. civil forfeiture; (3) the tension between U.S. and non-U.S. distribution schemes; and (4) additional issues, including collateral source recovery and the ability to assert personal jurisdiction over extraterritorial plaintiffs to enjoin proceedings that, if brought in the U.S., would violate the automatic stay.

Everything that’s hot and not in chapter 13 practice, including mortgage-stripping, proof-of-claim wars, Kagenveama bites the dust, early pay-offs, modification anarchy and more.

This panel will explore the ethical considerations and best practices available to attorneys and financial advisors to financially distressed businesses looking to eschew their home court in favor of a U.S. court and the chapter 11 remedy. On the flip side, this panel will also explore the ethical considerations and best practices available to attorneys and financial advisors to creditor constituencies who are trying to keep a case at home and as far away as possible from a U.S. court administering chapter 11.

Years after the creation of the concept of domestic-support obligations, the panel will discuss how bankruptcy courts have interpreted this concept and how “alimony, maintenance and support” is a key element in BAPCPA cases. The presentation will also highlight the complex relationship between bankruptcy and domestic-relations law, and whether bankruptcy courts are bound by state courts’ determinations when issues of claim classification are raised.

This panel will discuss the source and purpose of the National Chapter 13 Plan Form, explain the concerns surrounding the U.S. Supreme Court case of Espinosa, discuss the Bankruptcy Rules that will accompany the National Form, discuss and explain the National Form’s parts and the provisions contained therein, and cover what the practitioner must consider when the National Form becomes mandatory. The panel will also discuss relevant issues related to properly preparing and filing well-supported proofs of claims, including issues related to transferred and purchased claims.