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Trustee’s Rights in the Debtor’s Shoes: In Pari Delicto, Barton and More
This session will explore the complex legal doctrines that define the rights and limitations of trustees and debtors in bankruptcy. The panelists will examine when trustees and debtors step into the shoes of the debtor, including how pre-petition rights and defenses impact the estate. The discussion also will analyze the application and limits of the in pari delicto doctrine, along with potential workarounds, and provide a close look at the Barton doctrine — its reach, exceptions, and whether protections continue after case closure. In addition, the panelists will consider the implications of the Fifth Circuit’s recent Highland Capital Management decision, including how gatekeeper provisions may reshape Barton protections for post-confirmation estate representatives.
Health Care Bankruptcies and Managing Long-Term-Care Facility Distress
As financial pressures continue to mount in the health care industry, long-term-care facilities are facing unique operational and legal challenges that can quickly lead to distress or insolvency. This panel will explore the complexities of health care bankruptcies, including regulatory hurdles, patient care obligations, and strategies for restructuring or conducting orderly wind-downs. The panelists will discuss key considerations for debtors, creditors and trustees — such as Medicare and Medicaid reimbursement issues, facility licensing and resident transition plans — while offering practical insights on navigating these sensitive cases with both compliance and compassion in mind.
Crypto Fraud in Chapter 11: Decoding Crypto Bankruptcies
Hosted by the Emerging Industries & Technology and Financial Advisors & Investment Banking Committees. This panel will explore the intricate landscape of recent crypto-related bankruptcies through a multi-faceted lens. The panelists will examine the fast-paced world of on-chain tracing and flow-of-funds analysis, the unique valuation challenges posed by highly volatile digital assets, and the shifting regulatory environment impacting insolvency proceedings. Illustrative case studies from prominent bankruptcies will ground the discussion, offering practical insights into how legal, financial and technical teams are adapting to these emerging challenges.
Approaches to Financial Distress in the Agriculture Sector
Agricultural businesses face unique challenges in today’s evolving economic and legal landscape. This panel will explore the key issues shaping agricultural bankruptcies, including the root causes of financial distress for farmers and agricultural enterprises, the role of chapter 12 as a vital restructuring tool, and the range of out-of-court alternatives available to distressed debtors. The panelists also will discuss emerging case law, legislative developments and practical strategies that influence the outcomes of agricultural bankruptcy proceedings, and will provide a comparative analysis of chapter 12, chapter 11 and subchapter V by examining their respective benefits, limitations and procedural considerations for agricultural cases.
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