2021 Winter Leadership Conference

Amid criminal seizure and forfeiture actions imposed by the DOJ, SEC and other regulatory bodies, criminals often have no choice but to file for bankruptcy. This panel will explore financial crimes, including Ponzi and FCPA schemes, that have resulted in bankruptcy filings, and the conflict that ultimately arises between the bankruptcy estate and the federal government over criminals’ seized and forfeited assets. The panelists will also delve into asserting a legal interest in the assets, the look-back period, remedies to the bankruptcy estate and priority schemes.

The Small Business Reorganization Act of 2019 was heralded as one of the most important pieces of bankruptcy legislation passed since BAPCPA in 2005. Has the SBRA been widely and effectively used? What important current case law issues exist? Is the SBRA here to stay? Will the $7.5 million debt limit be a permanent change? The panelists will explore these questions and more.

Successful chapter 11 cases require financing from the start. This panel will discuss financing a chapter 11 case from day one through the reorganization plan’s effective date, focusing on complex cash collateral/DIPI financing and exit financing issues.

COVID-19 spurred unprecedented levels of government support. Through Provider Relief Funds, Medicare Advanced Payments, PPP loans and other mechanisms, federal agencies provided substantial liquidity, in some cases with strings attached. Join the panelists as they delve into the effects these funds might have had on fraud and abuse in the health care space.

Hosted by the Business Reorganization and Real Estate Committees Join this panel of experts as they offer their perspectives on the state of the real estate and real estate-based business economy as we reach the six-month point of the post-COVID-19 recovery period. Armed with the benefit of pent-up demand and states and businesses moving to fully reopen over the summer, plus the start of the lucrative holiday shopping season, these proven real estate restructuring professionals will offer their thoughts on the sectors that have weathered the storm and the factors that will enable some borrowers to restructure, while others will be forced to liquidate. Additionally, the panelists will identify which sectors could see storm clouds on the horizon.

Hosted by the Ethics & Professional Compensation and Emerging Industries & Technology Committees This panel will dive into the Model Rules of Professional Conduct, which require lawyers to be competent in technology. The panelists will review today’s hot ethical technology pointers, as well as pitfalls that every insolvency professional should be aware of in their practice.

Most major chapter 11 cases are premised on the results of Restructuring Support Agreements or Plan Support Agreements. This panel will discuss current trends, case law and results in this area of the law.

Many businesses thrived and grew during the COVID-19 pandemic, while others died on the vine. How do you understand the value of distressed businesses in a post-COVID-19 world? This panel will explore how to evaluate post-COVID-19 business plans and tax strategies to enhance and preserve value.

This panel of experts will examine the effective and proper use of asset-protection vehicles for pre-bankruptcy planning.

Opioid, sexual abuse and asbestos cases have been all over the news in the last few years. This panel of experts will discuss and analyze the complex issues involved in mass tort chapter 11 cases today, including current issues involving future claims, nonconsensual releases and plan-confirmation issues.