2021 Connecticut Bankruptcy Conference (ECB211014)

Thursday, October 14, 2021

8:45 AM to 5:30 PM (Eastern Daylight Time)

Virtual Conference

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The format of the 2021 Connecticut Bankruptcy Conference has been changed from an in-person event to a virtual conference. Registration pricing has been reduced to reflect this change.

Presented by the Commercial Law and Bankruptcy Section

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About the Program

Join us for the fourth annual Connecticut Bankruptcy Conference. Learn about best practices and ethical considerations in both commercial and consumer bankruptcy from top practitioners.

You Will Learn

  • About the current state of the court 
  • How to cure and maintain a mortgage after a foreclosure judgment 
  • About current Sub Chapter V issues 
  • About the assumption of personal and real property leases in Chapter 13 and the exercise of options to purchase 
  • About 363 sales 
  • Ethical considerations in bankruptcy law 

Who Should Attend

Bankruptcy practitioners in all settings should attend this program to maintain their knowledge and skills with the latest information on this evolving area of the law.

Cost

(Includes electronic materials)
Commercial Law and Bankruptcy Section Member $80 
CBA Member $90

Non-Member $180
Student Member $25

The Connecticut Bar Association reserves the right to transfer any planned in-person or hybrid CLE program to a virtual-only webinar at its own discretion. Registrants will be notified in advance of the date of the program if such a change is made.

Speakers

Hon. Julie Manning Chief Judge Julie A. Manning
United States Bankruptcy Court, Bridgeport

Connecticut_bankruptcy_color3 Hon. Ann M. Nevins
United States Bankruptcy Court, New Haven

Hon. James Tancredi Hon. James J. Tancredi
United States Bankruptcy Court, Hartford

<p> Fred V. Carstensen
UConn School of Business, Storrs

Pam Foohey Pamela Foohey
Cardozo School of Law, New York, NY


4th Annual Bankruptcy Conference Agenda

Morning Plenaries | 8:45 a.m. – 11:10 a.m. EDT
Welcome Remarks (ECB211014-WR)

State of the Court (ECB211014-P1)


This session will provide attendees with up-to-date rules and procedures of the Connecticut Bankruptcy Court, including the creation of the Pro Bono Program, decisions of interest, and public outreach efforts. 

Coffee Break (ECB211014-CB)

Portraits of Bankruptcy Filers (ECB211014-P2)


One in ten adult Americans have turned to the consumer bankruptcy system for help. For the past nearly forty years, the only systematic data collection about the people who file bankruptcy comes from the Consumer Bankruptcy Project (CBP), for which Professor Foohey, Professor Deborah Thorne, and Professor Robert Lawless serve as co-principal investigators. Professor Foohey will discuss their forthcoming article to be published in the Georgia Law Review, which uses CBP data from 2013 to 2019 to describe who is using the bankruptcy system, providing the first comprehensive overview of bankruptcy filers in thirty years. The article uses principal component analysis to leverage these data to identify distinct groups of people who file bankruptcy. This technique allows the co-principal investigators to situate the distinctions among filers’ financial and household situations within what bankruptcy laws and courts can and cannot provide. The article critiques the consumer bankruptcy system, based on the totality of people who have used it recently, to identify avenues for reforming bankruptcy and to underscore the broader economic, racial, and social issues that consumer bankruptcy filings highlight.

Break (ECB211014-B1)

Concurrent Sessions 1 | 11:10 a.m. – 12:35 p.m. EDT
Can a Debtor Cure and Maintain a Mortgage After a Foreclosure Judgment? (ECB211014-1A)


The rights of a debtor to deaccelerate, cure defaults, and maintain a mortgage is one of the most frequently used powers in chapter 13 in Connecticut. The bankruptcy code clearly provides these powers respecting a mortgage in default, but with Connecticut following title theory of security in real estate, and providing the opportunity for strict foreclosure, is that opportunity lost upon entry by a state court of a judgment of strict foreclosure? Does the result change if the judgment is subject to appeal? And what about a judgment of foreclosure by sale? After In re Canney the legislature tried to put its thumb in the dyke with CGS §49-15, but there are limits to its effect.

Top 10 Issues Impacting Subchapter V Bankruptcies (ECB211014-1B)


This presentation will explore the top ten issues impacting Subchapter V Bankruptcies by focusing on important distinctions between the Subchapter V rules and traditional Chapter 11 Bankruptcy. The panelists will then examine a hypothetical Subchapter V Bankruptcy case to highlight some issues raised by recent cases as well as identify issues that have yet to be fully defined by the courts. 

Break (ECB211014-B2)

Luncheon Keynote | 1:00 p.m. – 1:30 p.m. EDT
Concurrent Sessions 2 | 1:45 p.m. – 3:30 p.m. EDT
Assumption of Personal and Real Property Leases in Chapter 13 and the Exercise of Options to Purchase (ECB211014-2A)


Assuming or rejecting an automobile lease or lease of other personal property, or a lease of residential real estate whether as landlord or tenant, can be a critical part of the chapter 13 debtor’s rights and duties. With the statutory framework lacking clarity the practitioner must tread carefully to avoid termination of the debtor’s lease. Does chapter 13 also provide rights to cure defaults and arrears? When, if ever, can the debtor exercise his or her auto lease buyout option in monthly payments over the life of the chapter 13 plan?

363 Sales: What is New and What You Need to Know (ECB211014-2B)


Despite the challenges posed by the pandemic, Section 363 sales remain a vital tool for an effective reorganization and/or liquidation. This program will explore the ways in which the pandemic has changed the landscape for 363 sales – from initial marketing of an asset to the entry of a final order approving the sale. Panelists will also discuss recent examples of 363 sales within and outside of Connecticut, and the hurdles they overcame in getting the sale approved.

Break (ECB211014-B4)

Afternoon Plenaries | 3:30 p.m. – 5:30 p.m. EDT
The Lawyer’s Professional Responsibility Surrounding Technology, Electronic Communications, and Cybersecurity (ECB211014-P4)


The past year and a half have highlighted the importance of using technology to keep our law firms and clients working. We also saw a corresponding rise in lawyer gaffes (meow!) and cyberattacks, as well as increasing regulation surrounding consumer data privacy. Case law, ethics opinions, and commentary to the ethics rules make it clear that all lawyers must “get smart” about the use of technology and the protection of digital client information from common mistakes and scams. This interactive panel will discuss some of the pitfalls surrounding law firm computing, e-mail, listservs, texting, videoconferencing, and remote working, and will present common cyber threat scenarios that law firms face and discuss how we should prepare for and respond to those scenarios, as required by certain rules of professional responsibility.

Closing Remarks (ECB211014-CR)



CLE Credit

CT: 7.0 CLE Credits (5.0 General; 2.0 Ethics)
NY: 6.0 CLE Credits (4.0 General; 2.0 Ethics)

The Connecticut Bar Association/CT Bar Institute is an accredited provider of New York State CLE. This program qualifies for transitional and non-transitional CLE credits. 

Attorneys seeking NY CLE credit who have been admitted to the New York State Bar for two years or less must attend the live seminar for skills or ethics credit, or a fully interactive videoconference. Diversity, Inclusion and Elimination of Bias CLE credits are only available as non-transitional credits. For further information about transitional and non-transitional courses, please see the NYCourts.gov page on CLE: http://ww2.nycourts.gov/attorneys/cle/index.shtml. Financial hardship information is available upon request. 

 



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Contact

Member Service Center
Email: msc@ctbar.org
Phone: (844)469-2221