2026 Mid-Atlantic Bankruptcy Workshop

This panel examines the ethical and procedural framework governing inadvertent disclosures of privileged materials in bankruptcy practice. The discussion explores the bankruptcy-specific complications (from compressed discovery timelines and multi-party productions to trustee succession issues) that arise when privilege is breached and offering practical guidance for preventing and managing these disclosures.Learning Objectives:Attendees will understand the ethics rules and procedural framework (Model Rules 1.6(c) and 4.4(b), FRCP 26(b)(5)(B), and FRE 502(b)) governing inadvertent disclosure of privileged materials and the duties triggered.Attendees will recognize bankruptcy-specific complications that heighten inadvertent disclosure risk, including compressed case timelines, multi-party document flows among debtors, committees, and trustees, and privilege succession issues following trustee appointment.Attendees will identify practical strategies for preventing inadvertent disclosures and effectively managing a clawback dispute once one occurs, from FRE 502(d) orders and tiered review protocols to crisis-response steps for producing and receiving counsel.

This panel explores recent trends in high profile fraud-driven bankruptcies and the impact on the various constituencies involved; provides practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context, including the types of claims and potential defenses commonly at issue in fraud cases; and provides practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context.Learning Objectives:Attendees will identify recent trends in high-profile fraud-driven bankruptcies and their impact on various constituencies involved in the case.Attendees will recognize common types of fraud claims and potential defenses that arise in the bankruptcy context.Attendees will apply practical strategies for identifying, addressing, and litigating fraud-related issues in bankruptcy proceedings.

Subchapter V was supposed to make reorganization simpler, but plan confirmation often remains a complex part of these small chapter 11 cases. This panel addresses some of the key pressure points: plan feasibility, balloting, acceptance and consensuality, post-confirmation stay issues, post-confirmation true-ups, and post-confirmation trustee roles (including payment of trustee fees). These issues can make or break a small business debtor's path to emergence.Learning Objectives:Attendees will identify the key pressure points in Subchapter V plan confirmation, including plan feasibility, balloting, and acceptance and consensuality requirements.Attendees will evaluate strategies for navigating post-confirmation issues, including stay considerations, post-confirmation true-ups, and the role of the Subchapter V trustee (including payment of trustee fees).Attendees will apply practical approaches to guiding small business debtors through the plan confirmation process toward successful emergence.

Over the last few years, private equity has made substantial investments in the healthcare industry, and many of those investments have experienced liquidity and operational challenges — with resulting restructuring and bankruptcy activity. This panel considers how the structure, timeline and credit arrangements accompanying private-equity investment in this sector have affected the initiation and resolution of these restructurings and bankruptcies.Learning Objectives:Attendees will identify how private equity investment structures, timelines, and credit arrangements have contributed to liquidity and operational challenges in the healthcare sector.Attendees will analyze how these private equity-driven structures have influenced the initiation and trajectory of restructurings and bankruptcies in healthcare.Attendees will evaluate strategies for addressing the unique challenges of restructuring or resolving distressed, PE-backed healthcare investments.

Each year, the U.S. Supreme Court declines to hear dozens of bankruptcy cases, leaving important legal questions unanswered and lower court rulings in place. This panel examines significant bankruptcy decisions for which certiorari was denied, exploring the unresolved issues they leave behind and the practical impact on bankruptcy practitioners and stakeholders. The panelists discuss how the Supreme Court evaluates petitions for certiorari, the factors that influence whether review is granted, and emerging bankruptcy issues that may be poised for future Supreme Court consideration. Attendees gain insight into developing areas of bankruptcy law and the implications of a Court that often chooses not to weigh in.Learning Objectives:Attendees will understand the criteria and considerations the U.S. Supreme Court uses when deciding whether to grant or deny certiorari in bankruptcy cases.Attendees will examine significant bankruptcy cases in which certiorari was denied and assess the practical implications of those decisions on bankruptcy law and practice.Attendees will identify unresolved bankruptcy law issues and emerging legal questions that may be candidates for future Supreme Court review.

Higher education institutions face distinct challenges when financial trouble hits — from governance structures to accreditation concerns to the impact on students and faculty. This panel covers the early warning signs of distress, key restructuring alternatives, and the fiduciary duties a governing body faces once an institution is in trouble.Learning Objectives:Attendees will identify the unique legal, regulatory, and accreditation-related challenges facing distressed higher education institutions.Attendees will evaluate restructuring and wind-down strategies tailored to colleges and universities, including considerations specific to students, faculty, and other stakeholders.Attendees will recognize recent trends and case studies shaping the treatment of distress in the higher education sector.

As cross-border restructurings continue to grow in complexity, courts are increasingly confronted with questions surrounding a debtor’s center of main interests (COMI) and the appropriate jurisdiction for insolvency proceedings. This panel explores recent chapter 15 decisions and trends affecting COMI determinations, the limits of international forum-shopping, and the practical implications for debtors, creditors and other stakeholders. The panelists also discuss emerging issues and developing case law shaping the future of cross-border insolvency practice.Learning Objectives:Attendees will identify recent Chapter 15 decisions and trends affecting the determination of a debtor's center of main interests (COMI).Attendees will analyze the limits of international forum shopping and their practical implications for debtors, creditors, and other stakeholders in cross-border insolvency proceedings.Attendees will recognize emerging issues and developing case law shaping the future of cross-border insolvency practice.

This panel keeps bankruptcy practitioners current on the substantive and procedural aspects of litigation in both contested matters and adversary proceedings.Learning Objectives:Attendees will identify key substantive and procedural distinctions between contested matters and adversary proceedings in bankruptcy court.Attendees will apply current procedural rules and best practices to effectively litigate claims and disputes within bankruptcy proceedings.Attendees will recognize recent developments in bankruptcy litigation that may impact case strategy and outcomes.

Third-party releases remain one of the most heavily litigated and closely scrutinized issues in bankruptcy practice. This panel examines recent developments shaping the scope and availability of releases for direct and derivative claims against nondebtors, including the evolving legal landscape following recent court decisions. The panelists discuss practical strategies for obtaining approval of third-party releases, alternative deal structures when releases may not be available, and approaches to minimizing liability exposure while maximizing value and recoveries for creditors across a variety of restructuring and liquidation scenarios.Learning Objectives:Attendees will identify the current legal standards governing the scope and availability of third-party releases for direct and derivative claims against non-debtors, including recent court decisions reshaping this area.Attendees will evaluate alternative deal structures and practical strategies for obtaining approval of third-party releases in restructuring and liquidation matters.Attendees will assess approaches for minimizing liability exposure for non-debtor parties while maximizing value and recoveries for creditors.