2017, 2017 Midwest Regional Bankruptcy Seminar

Great Debates

Resolved: Passively holding an asset of the estate in the face of a demand for turn-over violates the stay. (I swear, Your Honor, I didn’t do anything!)

Resolved: Gift plans violate the Bankruptcy Code and are outlawed by Jevic. (Is it really a birthday without the gifts?)

Resolved: A trustee should be permitted to avoid transfers occurring many years prior to the petition date by stepping into the shoes of “special” creditors such as the IRS or the FDIC pursuant to § 544(b). (I’m Baaaack!!!)

With President Trump in the White House and Republicans in control of both chambers of Congress, dramatic shifts may be coming to the insolvency industry. In this presentation, we will examine the potential impact of executive orders, legislative action, and other policy developments – including tax reform – that could affect insolvency practitioners.

This session will provide an in-depth look at recognizing these types of claims and determining when and how to file the actions.

In this session, the panelists will discuss the unique operational issues that arise when guiding a hospital or health care agency through the bankruptcy or restructuring process, including calculation and collection of account receivables through Medicare and private insurance, proper maintenance of patient records, and the sale and transfer of operational licenses and patient lists. We will also discuss the impact of the Affordable Care Act on health care operations, and what might be expected in future restructurings in today’s political climate.

This panel will examine the strategies for dealing with unknown claims in chapter 11, the limits that due process places on those strategies, and the impact that the Second Circuit’s recent decision in In re Motors Liquidation may have on those strategies going forward.