North Dakota (ND) Bankruptcy Law CLE Course Catalog

Chapter 11 doesn’t work for every corporate liquidation. This panel of experts will discuss other ways a corporation can be liquidated, including out-of-court liquidations, receiverships, ABCs, the Delaware Dissolution Statute and chapter 7.

Amid criminal seizure and forfeiture actions imposed by the DOJ, SEC and other regulatory bodies, criminals often have no choice but to file for bankruptcy. This panel will explore financial crimes, including Ponzi and FCPA schemes, that have resulted in bankruptcy filings, and the conflict that ultimately arises between the bankruptcy estate and the federal government over criminals’ seized and forfeited assets. The panelists will also delve into asserting a legal interest in the assets, the look-back period, remedies to the bankruptcy estate and priority schemes.

The Small Business Reorganization Act of 2019 was heralded as one of the most important pieces of bankruptcy legislation passed since BAPCPA in 2005. Has the SBRA been widely and effectively used? What important current case law issues exist? Is the SBRA here to stay? Will the $7.5 million debt limit be a permanent change? The panelists will explore these questions and more.

Successful chapter 11 cases require financing from the start. This panel will discuss financing a chapter 11 case from day one through the reorganization plan’s effective date, focusing on complex cash collateral/DIPI financing and exit financing issues.

This panel will discuss the current state of the law and open issues regarding the automatic stay, discharge injunction and sanctions in light of the Supreme Court’s rulings in Fulton v. City of Chicago and Taggart v. Lorenzen.

Opioid, sexual abuse and asbestos cases have been all over the news in the last few years. This panel of experts will discuss and analyze the complex issues involved in mass tort chapter 11 cases today, including current issues involving future claims, nonconsensual releases and plan-confirmation issues.

Sometimes a bankruptcy case isn’t over when it’s over, especially when certain issues arise (like the debtor suddenly “discovering” a bank account he or she forgot to “mention”). Learn how to navigate some of the most common post-filing problems that can crop up.

Bankruptcy discharges go to “honest but unfortunate debtors,” but creditors (because they want their money!) don’t always give up their quests to extract money, even after a bankruptcy case concludes. These useful case examples will guide practitioners through a survey of the most common quarrels over discharges and exceptions.

In this session, the panelists will cover both Gravel (and the dissent) and a recent bankruptcy court opinion (In re Blanco) that rejects the reasoning in Gravel. Can the two cases be reconciled? What is the standard that must be established to justify the imposition of sanctions when mortgage-servicers fail to comply with Rule 3002.1’s requirements, and what are the limitations on the amount of sanctions that can be considered appropriate?