A Fistful of Dollars: Thorny Chapter 11 Plan Confirmation Issues and How to Address Them

Join us for a two-hour program covering the substantial legislative changes made by the Anti-Money Laundering and Corporate Transparency Acts of 2020 and the recent expansion of cryptocurrency reporting announced by FinCEN.

The panelists will provide a Section 546(e) safe harbors update, including how state law preemption will be applied post-Merit; jurisdictional issues in Relativity; the debt-recharacterization circuit split and Supreme Court withdrawal of cert in PEM v. Levin; the application of avoidance powers extraterritorially (Ampal-American, Emerald, Madoff), fraudulent-transfer circuit splits and other related matters (Physiotherapy, Tribune, Madoff, Merritt Management, Petters, SemCrude, Fragin); and the current state of the equitable mootness doctrine, including recent criticisms, especially from the Third Circuit (e.g., In re Philadelphia Newspapers, In re SemCrude L.P., In re One2One Communications LLC), and their applications (e.g., In re City of Detroit).

This seminar will look at a number of issues related to the use of medical marijuana for workers’ comp injuries, considerations and coverage questions for insurers, provide answers for employers on applying drug policies and look at other risks for employees, employers and insurers in the workplace.

This panel will explore the myriad considerations faced by debtors (and indeed, creditors) in determining where a bankruptcy case should be filed, including circuit splits on pertinent areas of law, variations in local rules, and the amorphous “comfort” with some jurisdictions over others.