2026 New York City Bankruptcy Conference

This panel will provide newer attorneys with a practical overview of first-day motions in chapter 11 cases, covering the essential relief debtors typically seek at the outset of a bankruptcy filing and offering guidance on how to effectively prepare, organize and present these critical early-case pleadings.Learning Objectives:Attendees will identify the key types of first day motions commonly filed in Chapter 11 cases and understand the relief typically sought at the outset of a bankruptcy proceeding.Attendees will evaluate best practices for preparing and organizing first day pleadings to effectively support debtor needs in the early stages of a case.Attendees will assess practical strategies for presenting first day motions in a clear and persuasive manner before the court.

This session will explore how subchapter V operates in practice, with a focus on eligibility and debt limits, plan confirmation requirements, and the critical role of trustees. The panelists will discuss recent legal developments shaping the evolving landscape of small business reorganization, and provide practical strategies for navigating these changes effectively.Learning Objectives:Attendees will identify the current debt eligibility requirements for Subchapter V, analyze key ambiguities in plan confirmation (including, for instance the treatment of vacant classes, the three-to-five year disposable income commitment, and the availability of discharge for corporate entity debtors). Participants should come away with tools to apply that knowledge to advise small business clients considering reorganization and help participants recognize circumstances where their clients may be eligible.Attendees will assess current empirical data on Subchapter V confirmation rates and repeat filings, identify best practices for quality filings and effective use of local court forms, and understand the unique challenges presented by pro se debtors in the Subchapter V context.

The crypto crash of 2022 resulted in multiple chapter 11 cases, yielded both substantial losses and unexpected recoveries for market participants, and created an array of legal precedents in an area where none previously existed. With markets in turmoil, could another crash lie ahead? This panel will look back at key issues in the 2022 wave of cases, and will speculate as to how those and related issues might play out in the next wave of cryptocurrency filings against the backdrop of market, regulatory and legislative developments.Learning Objectives:Revisit and reevaluate how key insolvency issues were addressed and resolved in the wave of cryptocurrency chapter 11 cases that commenced in 2022.Evaluate how the crypto world is changing, both on the business/financial and legal side. New players and evolving expectations will be discussed.Engage in informed speculation as to how the same set of issues might be addressed/resolved in future cryptocurrency chapter 11 cases, particularly in light of recently enacted and pending legislation and regulation.

In recent years, market dynamics have led to the emergence of schemes that are less sophisticated than the fraud cases of the early 2000s, but more pervasive in their reach into the capital markets. This panel will explore today's new wave of fraud cases, and will examine emerging trends, remedies and resolution mechanisms in recent cases in a point/counterpoint format.Learning ObjectivesAttendees will analyze emerging trends in modern fraud cases and how recent market dynamics have contributed to more pervasive fraudulent schemes in the capital markets.Attendees will evaluate how current fraud patterns differ from earlier high-profile cases and what this means for detection, enforcement, and case strategy.Attendees will assess available remedies and resolution mechanisms for addressing contemporary fraud cases through a point-counterpoint examination of recent developments.

As with many bankruptcy strategies, § 363 sales do not always proceed as smooth as initially planned. Your stalking horse may be outbid by a higher OR better offer, insider sales can be challenged and denied by the court, and sensitive information or IP rights might not be easily transferrable. This panel will discuss how creative bankruptcy strategies resulted in overcoming substantial challenges and ultimately led to successful outcomes in such cases as 23andMe, Genesis Healthcare, The Nicklaus Companies and Hawthorne Race Course.Learning ObjectivesAttendees will analyze common challenges that arise in Section 363 bankruptcy sales, including bidding disputes, insider transactions, and court scrutiny of sale processes.Attendees will evaluate how courts address issues involving stalking horse bids, competing higher or better offers, and objections to proposed sales.Attendees will assess how creative deal structures and strategic problem-solving can overcome obstacles involving intellectual property, sensitive information, and complex asset transfers in bankruptcy cases.

Practitioners from different corners of the restructuring world discuss use cases for artificial intelligence that drive efficiency, deliver results, and allow us reclaim time in our professional and personal lives. This panel will be practitioner-focused; this will not be a review of professional ethics, “AI law” or best-practice lectures, but rather a discussion of what’s working right now.Learning ObjectivesAttendees will identify practical, real-world use cases for artificial intelligence in restructuring practice that enhance efficiency and productivity.Attendees will evaluate how AI tools can streamline common workflows and improve outcomes across different areas of restructuring work.Attendees will assess how integrating AI into daily practice can help professionals save time and better balance competing professional and personal demands.

This panel offers an overview of current economic trends, market conditions, and financial indicators shaping the restructuring and bankruptcy landscape. Experts will discuss how shifts in interest rates, credit markets, industry performance and other developments may impact businesses and inform strategic decision-making for practitioners and stakeholders alike.Learning ObjectivesAttendees will analyze current economic trends and financial indicators impacting the restructuring and bankruptcy landscape.Attendees will evaluate how changes in interest rates, credit markets, and industry performance influence business distress and restructuring strategies.

This panel will explore key bankruptcy litigation issues that are currently the subject of significant interest and debate, including recent challenges arising from liability-management exercises (LMEs) such as minority lender objections, the extent to which LMEs may insulate secured claims from challenge in subsequent bankruptcy cases, and their interplay with DIP financings and roll-ups. The panelists also will discuss venue disputes, recent adequate protection and priming fights, and developments in post-confirmation litigation trusts. In addition, the panelists will address the increasing use of artificial intelligence in bankruptcy litigation and restructuring practice in general, with a focus on how practitioners can leverage AI to enhance their work.Learning ObjectivesAttendees will identify and analyze current bankruptcy litigation issues arising from liability management exercises (LMEs), including minority lender challenges and the implications for lien rights and DIP financing structures.Attendees will evaluate key trends in bankruptcy litigation, including venue disputes, adequate protection and priming contests, and emerging developments in post-confirmation litigation trusts.Attendees will assess the expanding role of artificial intelligence in bankruptcy litigation, including its application to legal analysis, case strategy, and decision-making.

This panel will explore a range of topical ethical issues in the practice of bankruptcy law, both evergreen and emerging, such as the type and scope of judicial involvement in cases, the ethics of so-called “debtor-friendly” jurisdictions, how to navigate fiduciary duty issues when representing multiple constituents with an interest in the same matter, navigating the role of a litigation trustee, best practices for disclosure in the professional retention context, and considerations as practitioners and pro se litigants alike incorporate AI into their bankruptcy workstreams and filings.Learning ObjectivesAttendees will analyze key ethical considerations in bankruptcy practice, including judicial involvement in cases and the implications of practicing in so-called "debtor-friendly" jurisdictions.Attendees will evaluate fiduciary duty challenges that arise when representing multiple interested parties, including issues related to litigation trustees and conflicts of interest.Attendees will identify best practices for professional responsibility, including disclosure obligations in retention applications and ethical considerations when incorporating AI into bankruptcy workflows and filings.

This session will cover adequate protection, non-pro rata roll-ups, equitizing DIPs and more. The panelists will discuss the latest and most crucial DIP-financing issues, the matters most frequently litigated, and their effects on mega-chapter 11 bankruptcy cases.Learning ObjectivesAttendees will understand recent developments in DIP financing, including adequate protection, non-pro rata roll-ups, and equitizing DIP structures.Attendees will examine key issues most frequently litigated in large Chapter 11 cases, including contested DIP terms and structuring disputes.Attendees will analyze emerging trends in DIP financing and their impact on case strategy in mega Chapter 11 proceedings.