Financial Poise Webinars
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BANKRUPTCY INTERSECTIONS 2018


The Intersection of Bankruptcy and… Environmental Law

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This webinar provides CLE/CPE credit. Click the On Demand button below.

Environmental laws, propounded in order to hold polluters liable for remediation, are often in conflict with bankruptcy laws’ general principles of a “fresh start” and the ability to shed certain financial burdens. Bankruptcy laws automatic stay is one such protection – the enjoinment of parties from taking actions against the debtor upon the filing of the bankruptcy petition – that is sometimes trumped by environmental law concerns, namely, the police and regulatory exception to the automatic stay.

This webinar addresses the tensions between bankruptcy and environmental law, and examines how bankruptcy law deals with property contamination issues, the sale or abandonment of contaminated property, successor liability, environmental cleanup claims, and dischargeability of governmental claims.

Intersection of Bankruptcy and…Environmental Law

The Intersection of Bankruptcy and… Tax Law

The issues created by the intersection of bankruptcy law and tax law are complex and marked by the tension between the fundamental goal of the federal bankruptcy laws is to give debtors a financial “fresh start” from burdensome debts and the applicable federal income tax laws. As a result, certain tax liabilities are not dischargeable in bankruptcy. Moreover, a debtor generally continues to be subject to applicable federal income tax laws and must timely file federal income tax returns and pay federal income tax.

This webinar examines the tax responsibilities of a debtor, as well as the types of tax claims and what requirements must be met for a taxing authority to have a secured, priority, or administrative claim in a bankruptcy case. This webinar also explores how taxable income becomes part of the debtor’s estate during the pendency of the bankruptcy proceeding, and how that income is taxed.

The treatment of tax attribute carryovers, alternative minimum tax considerations, and cancellation of debt income are also addressed with respect to the debtor’s potential tax liability. These tax issues can also be important factors during a debtor’s sale of assets pursuant to section 363 of the Bankruptcy Code.

Intersections of Bankruptcy and Tax Law

The Intersection of Bankruptcy and… Labor/Employment Law

Even before a company files for bankruptcy protection, multiple employment and labor issues can arise. This webinar addresses the ramifications of the failure of a debtor to comply with the Worker Adjustment and Retraining Notification Act (WARN), which requires employers to provide written notice in advance of covered plant closings and mass layoffs under certain conditions and may subject the debtor to liability. It also examines employee wage and claim issues that are often triggered by the filing for bankruptcy protection, as well as the special treatment provided by the Bankruptcy Code for collective bargaining agreements and retiree health care benefits, which makes modification or rejection of such agreements more difficult during the bankruptcy proceeding.

Intersection of Bankruptcy and Employment Labor Laws

The Intersection of Bankruptcy and … Intellectual Property Law

Intellectual property generally includes patent rights, copyright rights, trademark and servicemark rights, and trade secrets. The foundation of intellectual property law is the protection of exclusive rights afforded to original works and invention. These rights can be significantly impacted by bankruptcy proceedings. This webinar examines some of these key issues including the perfection of security interests in intellectual property, the protection of certain intellectual property licenses and lack of protection for other types of intellectual property, the relief available to licensors, as well special issues regarding assignment of licenses in bankruptcy proceedings.

Intersection of Bankruptcy and Intellectual Property