Mezzanine Level 60 School Street Boston, Massachusetts Both new lawyers and seasoned practitioners will find the Boston Bar Association s 11th Annual Bankruptcy Bench Meets Bar conference an invaluable source of practical information and wisdom regarding current Bankruptcy Court practice in Massachusetts. Bankruptcy Court litigation continues to flourish in the area of adversary proceedings instituted by creditors seeking to avoid an individual debtor s discharge under 523 of the Bankruptcy Code.
Recent cases examine what constitutes actual fraud.
The First Circuit s view as to the implied representation theory will be discussed. This segment will also look at calculating priority portions of wage and benefit claims, who qualifies as an employee , and the types of claims that meet requirements for priority treatment. Finally, there will be a review of bankruptcy considerations applicable to the WARN Act and state plant closing laws. Subordination of Claims Recent decisions have raised issues regarding the applicability of the subordination provisions of 510 of the Bankruptcy Code. This segment will review the type of conduct, claims or circumstances that warrant application of equitable subordination principles.