2024 Hot Topics in Consumer Bankruptcy: Selling Avoidance Actions; Difficult Valuations; Modular Bankruptcy, and more

Session 01: Brief Refresher/Update on Selling Avoidance Actions - A review of the Fifth Circuit’s opinion in Matter of South Coast Supply Co.—holding that avoidance actions are property of the bankruptcy estate and can be sold—and a discussion of the various issues addressed and others left unanswered.

Session 02: Difficult Valuations: How to Determine Value on Complex Assets? - What happens when you encounter an unusual asset in a consumer case? How do you value partial interests, rights under community property laws, future interests, cryptocurrency, LLCs and other closely held businesses and other complex assets?

Session 03: Who Appreciates the Increased Value of the Assets More, the Chapter 13 Debtor or a Chapter 7 Trustee After Conversion? - Learn about the nuance of who gets the appreciated value of assets when a chapter 13 case converts to chapter 7. Does the benefit inure to the debtor or should the appreciation be made available to the creditors? Is the code clear, or are we just arguing equity?

Session 04: Modular Bankruptcy - A Consumer Scheme of Arrangement - The scheme of arrangement has been the premiere method of UK restructuring for some time now and has been drawing many U.S. firms to take advantage of its intentionally modular approach where some, but not all, of the debt is restructured. Could  the same modularity be imported into the consumer realm? Yes, but not without resolving some serious complexities.

Includes: Video Audio Paper Slides