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Luncheon Program: What Is Next in Restructuring for 2026?
CLE credit is not available for this session.This panel will review various macro issues that will likely impact the restructuring community in 2026, including trends associated with the private credit markets and the health care, retail and real estate sectors.
Great Debates | 2025 Views from the Bench
Resolved: The doctrine of in pari delicto should bar a trustee from recovering solely for the benefit of creditors.Resolved: The above transaction is an avoidable fraudulent conveyance, and the original lenders may recover more than via a general unsecured claim.A debtor engaged in an LME transaction in which the debtor received substantial liquidity by subordinating a debt secured by a first lien on the debtor’s principal assets to a new, more senior first lien. The debtor received desperately needed liquidity, but the subordination substantially impaired the recoveries received by the original first-lien lenders. A subsequent bankruptcy was filed within 18 months. Unsecured creditor recoveries will be 2%. The court determined that the subordination agreement violated the terms of the original loan agreements.
Litigation Update on Avoidance Actions
This panel will focus on chapter 7 trustee standing to pursue assets, plus the use of expert witnesses, sufficiency of complaints (Pack Liquidating) and sales of avoidance actions (South Coast). The panelists also will discuss recent case law on preference and fraudulent-transfer defenses, the extension of statutes of limitations (Kwok), and the role of both voluntary and mandatory mediation procedures.
Getting to Confirmation: Update on Developments
This panel will discuss post-Purdue case developments, including what constitutes “consent” and the role of opt-out releases (Spirit and other recent cases), third-party stays and injunctions, solicitations (Red River Talc), and the role of financial distress in chapter 11 and whether it is too restrictive (LTL). The panelists also will provide an update on where we stand regarding prepacks, nonvoting classes when confirming subchapter V plans (SushiZushi), out-of-court solutions and liability-management exercises.
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