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Free-Fall Filings: Pre-Petition Strategy and Fallout
When a distressed business is in “free fall,” the most consequential decisions often occur before a petition is ever filed. This panel examines the high-stakes strategic choices lenders, debtors and fiduciaries face in the critical pre-petition window and how those decisions can shape, or derail, the outcome of a restructuring. The panelists explore such questions as whether a secured lender should sweep operating accounts holding cash collateral, when a debtor should pursue chapter 7, chapter 11 or an assignment for the benefit of creditors, and whether consenting to a receivership may offer a better path. The panelists also address insider claim resolution, preferential or critical vendor payments, employee compensation issues, and the litigation risks that follow pre-filing conduct.Learning Objectives:Attendees will identify critical pre-petition decisions that can significantly affect the outcome of a distressed business restructuring.Attendees will analyze strategic alternatives, including chapter 7, chapter 11, receiverships and assignments for the benefit of creditors.Attendees will evaluate litigation risks and stakeholder consequences arising from pre-filing conduct, cash management decisions and insider transactions.
Private Credit: Signs of Stress Ahead
The private credit market has grown past $2.1 trillion and continues to expand rapidly, but early signs of stress are emerging. With defaults expected to rise and underwriting potentially loosening, this panel examines key risks, sector trends, and the likelihood of increased restructuring activity over the next 12–24 months.Learning Objectives:Attendees will understand current trends and developments within the rapidly growing private credit market.Attendees will identify indicators of financial stress, increased defaults and potential underwriting concerns affecting private credit portfolios.Attendees will evaluate how emerging market conditions may influence restructuring activity and bankruptcy practice over the next several years.
Board Flips in Distress Situations
A “board flip” — reconstituting a company’s board to install creditor-nominated or independent directors — can be a decisive tool in financial distress. This panel explores the legal, strategic and practical considerations behind executing a successful board flip, including governance mechanics, fiduciary duties and key contractual levers. Using real-world examples, the panelists highlight lessons learned, stakeholder dynamics, and actionable strategies to mitigate risk, manage conflicts and preserve value in high-stakes restructuring situations.Learning Objectives:Attendees will understand the legal and governance mechanisms involved in implementing a board flip in a distressed company.Attendees will analyze fiduciary duties, stakeholder interests and conflict-management considerations that arise during board reconstitution efforts.Attendees will evaluate practical strategies for executing board flips while mitigating risk and preserving enterprise value.
Strategies for Streamlining Small Business Cases
In small business cases, controlling administrative costs can make or break a successful outcome. This panel focuses on practical strategies to streamline proceedings, including creative motions and targeted plan provisions designed to reduce estate expenses. The panelists share efficient approaches, cost-saving techniques and real-world examples to help practitioners maximize value while minimizing administrative burden.Learning Objectives:Attendees will identify opportunities to reduce administrative expenses and improve efficiency in small business bankruptcy cases.Attendees will analyze the use of creative motions, targeted plan provisions and other procedural tools to streamline case administration.Attendees will apply practical cost-saving strategies to maximize value for debtors, creditors and other stakeholders.
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