The 10th Annual New York City Bankruptcy Conference, held May 12, featured a great mix of hot topics in bankruptcy including subprime issues, the ABI fee study, rights offerings, the changing players in chapter 11, and more. One such session, "Asset Protection," discussed the effectiveness of asset protection trusts and included a paper by Alec Ostrow of Steven & Lee PC on fraudulent transfers. Mr. Ostrow's paper includes a brief discussion of the application of the fraudulent transfer and bankruptcy turnover laws to asset protection trusts. Michael L. Cook of Schulte Roth & Zabel LLP moderated the panel, which included Mr. Ostrow as well as Melanie L. Cyganowski of Greenberg Traurig, LLP, Hon. Martin Glenn, U.S. Bankruptcy Court, Southern District of New York, and Gideon Rothschild of Moses & Singer LLP.
Fraudulent transfer and bankruptcy turnover attacks on asset protection trusts - Alec Ostrow (pdf)
Additional materials from the session can be found at ABIWorld.
The ABI Northeast Bankruptcy Conference and the Northeast Consumer Forum, held at the Ocean Edge Resort in Brewster, MA, included another great lineup of hot topics and speakers. Over 400 attended the conferences and enjoyed a variety of programming on topics including cross-border issues, advocacy skills, a BAPCPA update, the mortgage crisis, hot topics in claims purchasing, and more!
One of the first sessions, "Appellate Advocacy Skills," addressed the nuts and bolts of the appeals process in bankruptcy. Kenneth S. Leonetti of Foley Hoag, LLP in Boston moderated the panel, which included Thomas Carey of the Boston College Law School in Newton, MA, Hon. James B. Haines, Jr, U.S. Bankruptcy Court, District of Maine, and Hon. Thomas M. Hardiman, U.S. Circuit Court of Appeals (3rd Cir) in Pittsburgh. The materials from the session included two papers from Mr. Carey which provide tips on preparing an appellate brief and preparing for oral arguments. The third item below is a paper by Mr. Leonetti and Euripides Dalmanieras, both of Foley Hoag, LLP, on procedural issues in the bankruptcy appeal process. Click on the links below to review the materials.
A Few Tips on Effective Appellate Briefs - Thomas J. Carey, Jr. (pdf)
Oral Argument Preparation Checklist - Thomas J. Carey, Jr. (pdf)
Procedural Issues In Bankruptcy Appeals - Kenneth S. Leonetti and Euripides Dalmanieras (pdf)
In another session entitled "Current Issues In Avoidance Actions," the panel discussed the amendments to section 547 and how courts have interpreted the two most common preference defenses of "ordinary course" and "new value." H. Jeffrey Schwartz of Dechert LLP moderated the panel which included Jonathan R. Doolittle of Verrill Dana LLP in Portland, ME, James S. LaMontagne of Sheehan, Phinney, Bass & Green in Manchester, NH, and Hon. Mark W. Vaughn, U.S. Bankruptcy Court, District of New Hampshire. The materials from the session included an outline of current issues by Mr. Schwartz, Brian E. Greer, and Iva Uroic, all of Dechert LLP, entitled Current Issues in Avoidance Actions-Assignment of Avoidance Actions and Tolling Agreements, and an outline of the new value defense by Mr. Doolittle and Alistair Y. Raymond of Verrill Dana LLP, entitled Current Issues In Avoidance Actions: The New Value Defense. Click on the links below to review the materials.
Current Issues in Avoidance Actions - Assignment of Avoidance Actions and Tolling Agreements - H. Jeffrey Schwartz, Brian E. Greer, and Iva Uroic (pdf)
Current Issues In Avoidance Actions: The New Value Defense - Jonathan R. Doolittle and Alistair Y. Raymond (pdf)
