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Dueling Allegiances? Ethical Issues for Estate Professionals Involving Former Clients, Concurrent Clients and Dual Representations
Everyone knows that estate professionals must be disinterested and able to represent the debtor free of conflicts. But what happens when the professional represents a related nondebtor party — for example, the private-equity sponsor or the sole member/shareholder? What if the professional has relationships with others in the case? The professional may bring significant experience and value to the table, some being derived from its prior representation of the debtor, creditors or others involved in the case. When do these considerations outweigh the interests of the estate and the integrity of the system? Is disclosure of the potential conflicts and relationships enough? This panel will explore these and related issues to help guide professionals and judges alike.
The “F” Word, from the False Claims Act to Ponzi Schemes: Practical Tips for Identifying and Efficiently Addressing Fraud in Bankruptcy Cases (and Beyond)
Hosted by Bankruptcy Litigation & Real Estate Committees
Fraud is an ever-present concern in bankruptcy cases, manifesting in various forms from False Claims Act violations to Ponzi schemes. This panel will provide practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context.
Reverse Vesting Orders: The Most Powerful Tool You’ve Never Heard Of
Hosted by International & Asset Sales Committees Several U.S. bankruptcy courts recently have recognized CCAA reverse vesting orders in chapter 15 cases, but not without some reservations as to their breadth and effect. This panel will discuss the use of reverse vesting orders to effect asset sales in cross-border transactions.
Private Capital’s Impact on Health Care Insolvency Proceedings
With the increasing role of private capital (debt and/or equity) in health care businesses, from hospitals to specialty practices, the financial pressures, challenging payor reimbursement rates and regulatory environment have led to a growing number of restructurings and bankruptcies in this sector. This highly experienced panel of bankruptcy attorneys and financial advisors will discuss the critical issues involved in health care insolvency proceedings, including private-equity ownership and use of private capital on restructuring strategies, regulatory and compliance challenges, patient care considerations, and the role of the courts in balancing financial recovery with public health concerns. The discussion also will cover recent case studies, highlighting the lessons learned and best practices for managing these complex cases.
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