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Bank Failures
The panel will discuss legal and practical issues arising out of bank failures. Following a brief overview of precipitating factors in recent bank failures, the panelists will discuss the legal framework for bank liquidations through FDIC receiverships, including their effects on deposit customers and borrowers. While banks are liquidated by the FDIC, related entities, such as bank holding companies, often look to bankruptcy courts to address their issues. The panelists will discuss the issues that arise with bank holding company bankruptcies, including key bankruptcy provisions and their interplay with the FDIC liquidation.
Navigating the Current Developments and Shoals of Subchapter V Cases
This panel will interactively explore the current legislative context of subchapter V, measures and strategies for its success, impediments to its broader use, bad faith or improper purposes, current developments, and what might need to be fixed.
Corporate Governance and Bargaining in the Shadow of Bankruptcy
This panel will help you gain a better perspective on the ways in which corporate directors’ duties morph when a company begins to experience distress. What changes should you be making, through what lens will you analyze past board dealings, and how might you provide revised governance controls to best guide the entity going forward? The panelists will provide their expertise into the pitfalls and practices of governing in the zone of insolvency, and will examine the empirical research regarding outcomes at times like these.
Smelling Smoke, Seeing Fire, Getting Burned: Good Faith as a Bankruptcy Filing Requirement
What is a “good faith” bankruptcy filing after LTL? Is there a “good faith” requirement at all, and is it subjective or objective? How much financial distress is necessary (if any), and how can a debtor know when it gets there? What lessons should smaller debtors take from large mass tort cases? Is there really a split in the circuits on these issues? Join this ABI/IWIRC panel for a lively and interactive discussion of good-faith (and bad-faith) filings.
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