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The State of the Economy and Opportunities for Distressed Investors
Despite the headwinds created by the global pandemic, economic activity has been in full swing. Economic growth during the pandemic generally surpassed expectations, with favorable lending conditions and consumers and businesses maintaining a surprising level of activity. The enormous legislative response to the pandemic was responsible for the strength of the economy, but labor shortages, supply disruption and inflation have become real concerns. The Russian invasion into Ukraine in February has only exacerbated these risks. Given this backdrop, this panel of distinguished investors will discuss the state of distressed investing, including where they currently see opportunities, their thoughts on the credit cycle, and what might drive the next wave of defaults.
DIP Financing
This panel will cover convertible DIPs (LatAm, AeroMexico and Avianca) and sub rosa plans through DIPs. The panel will also discuss post-petition financing issues and protections for secured lenders, including how adequate protection is meant to work, and the ways in which judges are deploying it.
Recent Confirmation Developments
This panel will discuss Code impairment and post-petition interest, provide an update on gerrymandering (including a examination of Consolidated Land Holdings LLC), and review third-party releases and the different outcomes that have occurred in different circuits.
Update on Topical Issues in Bankruptcy
This panel will cover makewholes, including an examination of Hertz and Ultra, a comparison of Second, Third and Fifth Circuit precedents and the recent makewhole premium dispute in Mallinckrodt; and structured dismissals in bankruptcy post-Jevic, including In re KG Winddown, Forever 21, Basic Energy and more.
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