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Attempted In-Court Liability Management Transactions
This panel will examine controversial in-court efforts to replicate liability management transaction tactics, including drop-down financings, priming structures and selective creditor treatment. Panelists will debate whether these strategies are consistent with the Bankruptcy Code or undermine fundamental creditor protections.Learning Objectives:Attendees will understand the structure and purpose of in-court liability management transactions, including drop-down financings, priming structures, and selective creditor treatment.Attendees will analyze the legal arguments for and against the permissibility of these strategies under the Bankruptcy Code.Attendees will evaluate the potential impact of these transactions on creditor rights and protections, and identify key considerations for practitioners navigating these issues.
Agricultural and Chapter 12 Issues
This panel will cover the unique issues faced by debtors and creditors when navigating financial distress and reorganization in the family farming and agricultural industry. In particular, the panelists will discuss current economic forces and filing trends, the material differences between chapter 12 and other forms of reorganization and how these differences guide a debtor’s filing decision, non-bankruptcy federal and state law governing lien creation, perfection and priority, and asset-tracing and uncovering fraud.Learning Objectives:Attendees will understand the eligibility requirements and key statutory features of Chapter 12, including the application of "family farmer" definitions.Attendees will analyze plan feasibility in Chapter 12 cases in light of commodity price volatility, rising input costs, and changing interest rates.Attendees will evaluate the treatment of secured claims and recent case law developments, and identify practical strategies for representing both debtors and agricultural lenders.
Ethics: Taking on the Case — I'm (Dis)Interested
This panel will focus on the ethical issues that can surround taking on an engagement — everything from evaluating conflicts, mandatory and recommended disclosures, and what it really means to be disinterested.Learning Objectives:Attendees will identify common ethical issues that arise when considering whether to accept a new engagement, including how to evaluate potential conflicts of interest.Attendees will understand mandatory and recommended disclosure requirements and how they apply when determining whether a professional can serve in a matter.Attendees will examine the meaning of "disinterestedness" in practice and apply practical strategies for assessing and maintaining compliance with ethical standards when taking on a case.
Decision-Making 101
A prospective client tells you that they need to file bankruptcy. This panel will help you navigate all the basic decision-making processes that you might need to consider, including alternatives, when to get a financial advisor involved, why you might pick a workout instead, and when to file and not forbear.Learning Objectives:Identify alternatives to bankruptcy and understand when those options may be more appropriate for a client.Evaluate a client's financial circumstances to determine whether bankruptcy or a non-bankruptcy workout strategy is the most effective path forward.Recognize when to involve outside professionals — such as financial advisors or restructuring specialists — and how their expertise can inform the decision-making process."
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