Panelists:

• Hon. Mark S. Wallace, U.S. Bankruptcy Judge
• Chad V. Haes, Esq., Marshack Hays LLP
• Donald W. Sieveke, Esq., Moderator

Whether one is an “insider” has important implications in the Chapter 11 confirmation process as well as in preference litigation. This program will discuss “statutory insiders” and “nonstatutory insiders.” The panel will also discuss the Ninth Circuit test for “nonstatutory insiders” and will particularly focus on the Ninth Circuit decision In re Village at Lakeridge LLC 814 F. 3d 993 (2016) and the U.S. Supreme Court decision affirming that case, 138 S. Ct. 960 (2018). Finally, time permitting, the panel will discuss selected topics pertaining to preference litigation.

Topics:

• Statutory Insiders;  “Control or Affinity” as a Common Theme.
• What Relatives Qualify as Insiders?
• Non-Statutory Insiders; The Ninth Circuit Test
• Can a Claim Held by an Insider Lose its “Insider Status” if Assigned to a Non-Insider?
• The Standard of Review on Appeal for Insider Determinations and Why it is Important
• Can a Trust be an Insider?
• Can a Retirement Plan be an Insider?

Date/Time:

Tuesday, May 21, 2019
Registration 11:30 a.m. – Noon
Program 12  p.m. SHARP – 1  p.m.
Be sure to allow extra time for parking.

Location:

Ronald Reagan Federal Building

411 W. 4th Street, Santa Ana
Pro Bono Room (2nd Floor)
*Despite its name “Brown Bag,”  no food or beverages will be allowed in the Meeting Room.

Cost:

OCBF Members and Government Employees $10
Non-Members $25
Law Students FREE

Advance Registration is Closed

We will welcome walk-ins  at the door.

Questions:

Contact OCBF at (949) 681-8676 or info@OCBF.org.

The above activity has been approved for Minimum Continuing Legal Education by the State Bar of California in the amount of 1.0 hour. The OCBF certifies that this activity conforms to the standards for the approved education activities prescribed by the rules and regulations of the State Bar of California governing MCLE.