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This panel will explore the evolving world of Merchant Cash Advances (MCAs), offering attendees a clear understanding of how MCA transactions work and their role in business financing. Experts will discuss the current legal and regulatory environment shaping the industry, as well as the practical costs and benefits for both funders and merchants. Whether you're new to MCAs or looking to deepen your insight, this session will provide valuable perspectives from legal, financial, and operational standpoints.
Understanding and calculating income can be challenging when it isn't consistent. This panel will explore strategies for assessing income for individuals with variable earnings, including seasonal employees, gig workers, self-employed individuals, and those receiving overtime or bonuses. The panelists also will discuss best practices, tools and policy considerations to ensure accurate and fair income determination in complex financial situations.
Health care bankruptcies present unique legal, operational and regulatory challenges that require specialized strategies and coordination. This session examines recent high-profile health care bankruptcy cases and will analyze the factors driving financial distress in hospitals, senior care facilities and other medical providers. The panelists explore such issues as patient care continuity, treatment of Medicare and Medicaid claims, the role of governmental regulators, and the impact of health care-specific rules on restructuring efforts. Whether representing debtors, creditors or other stakeholders, practitioners will gain insights into navigating the complexities of insolvency in the health care sector.
This webinar will discuss efforts currently underway to amend Bankruptcy Rule 9031 to expand judges’ toolboxes and allow for the appointment of special neutrals (a.k.a. special masters), and will focus on practical considerations in evaluating such an amendment.
As generative AI becomes part of the bankruptcy and restructuring toolbox, professionals face exciting opportunities — and serious obligations. This interactive panel will dive into real-world uses of AI tools, best practices for effective prompting, and the ethical rules you really don’t want to break. The panelists will include live demonstrations and audience Q&A, and discuss how courts and clients are responding to this fast-changing landscape.
Over 2,700 Hours of Free Content
Bankruptcy and the U.S. Supreme Court: An Insider’s View of 2014 Decisions
The U.S. Supreme Court will decide three bankruptcy cases this term: (1) Executive Benefits Insurance Agency v. Arkison, which addresses the constitutionality of the district court referral system for bankruptcy cases and consent to jurisdiction where separation of powers is at issue; (2) Clark v. Rameker, which involves the availability of exemptions for inherited IRAs; and (3) Law v. Siegel, which deals with a bankruptcy court’s authority under § 105 to surcharge exemptions. In each of these cases, either the parties are represented by First Circuit practitioners and law firms, or the underlying circuit splits involve precedents from the First Circuit. This panel will offer an insider’s view of the issues and outcomes.
The Ethical Limits of Secrecy and Confidentiality
This panel will explore the ethical boundaries of secrecy and confidentiality issues in a bankruptcy case. May and should a creditor/attorney for the debtor serve on a creditors’ committee, and to what extent may relevant information be divulged? To what extent may an attorney reveal information received by him/her during a retention interview if he/she is not hired but is later retained by another party? What problems arise if information to be divulged by one client could have an adverse impact on another? To what extent does a debtor’s duty to reveal information trump its desire to protect business secrets, and how should the situation be handled? Can a case tolerate disparate scopes of information being given to parties in interest? Do the ethical issues change with the “environment” (court, mediation, negotiation, pitch for business)?
363 Sales and Successor Liability
Section 363 sales are frequently invoked in an effort to render the debt side of a balance sheet irrelevant. Buyers and sellers generally spend much of their time negotiating pre-sale issues, such as bidding procedures, “break-up fees” and other bidding protections, perhaps relying on the “free and clear” language of § 363(f) to absolve the buyer of any liabilities associated with the assets. Buyers at § 363 sales typically assume that they take the assets free and clear of all liens and claims. Lending credence to the old adage “caveat emptor,” this program will focus on the issues that may prevent assets sold under § 363 from being cleansed of all liens, claims and interests, and will examine the limits of “free and clear” sales under § 363 of the Bankruptcy Code. The panel will identify those claims that may come back and haunt a buyer, no matter what a § 363 sale order provides, paying particular attention to cases where holders of claims that were unknown or perhaps unknowable at the time of a sale come in post-closing and successfully assert liability against a purchaser.
How Ideas Turn into Law: ABI Review Commission; Bankruptcy Code at 30; Sausage-Making 101
ABI has embarked on a significant review of the Bankruptcy Code of 1978. It has been more than 30 years since the Code was enacted, and a consensus has emerged that the current law needs an overhaul. The world has changed, including the financial environment and the operation of the markets, and the Code even as amended was not designed to deal with many of these changes. The ABI Commission to Study the Reform of Chapter 11 will study and propose reforms to chapter 11 and related statutory provisions that will better balance the goals of effectuating the effective reorganization of business debtors, with the attendant preservation and expansion of jobs and the maximization and realization of asset values for all creditors and stakeholders. Presenters will outline the work that the Commission has conducted to date, its mission and its findings. Further discussion will map out a way forward and perhaps include some crystal ball work to see what reforms might — ahem — emerge from Congress.
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