abiLIVE Webinars

Hosted by ABI's Consumer Bankruptcy Committee One of the fundamental objectives to consumer bankruptcy is the idea of a fresh start – but when should that fresh start begin? In this webinar, we will ask the simple question: who gets the benefits when a property appreciates during the course of a reorganization? The answer to this question may surprise you. Join a distinguished panel from the bar, academia, and the bench in this webinar to unpack the complex debate surrounding this seemingly simple but multifaceted question.

Hosted by ABI's Health Care Committee Are you eager to delve into how analysts use data to understand opportunities and risks in the health care sector, and why some players might be winning or losing in this dynamic environment? Look no further! This webinar will educate you on the essential key indicators, metrics and information required to comprehensively evaluate risk and uncover opportunities across the health care sector. You will learn how data-driven insights empower decision-making, and how this can help you when advising clients. The panelists also will explore the outlooks for key health care subsectors over the next approximately 18 months, providing you with the latest trends and predictions to help you stay ahead in this rapidly evolving landscape. Lastly, this webinar will provide valuable insights into which players or categories of players are poised to succeed or face challenges in this environment. Understand the "why" behind their successes or distresses with real-life examples and case studies.

On the other hand, we denounce with righteous indignation and dislike men who are so beguiled and demoralized by the charms of pleasure of the moment, so blinded by desire, that they cannot foresee the pain and trouble that are bound to ensue; and equal blame belongs to those who fail in their duty through weakness of will, which is the same as saying through shrinking from toil and pain. These cases are perfectly simple and easy to distinguish. In a free hour, when our power of choice is untrammelled and when nothing prevents our being able to do what we like best, every pleasure is to be welcomed and every pain avoided. But in certain circumstances and owing to the claims of duty or the obligations of business it will frequently occur that pleasures have to be repudiated and annoyances accepted. The wise man therefore always holds in these matters to this principle of selection: he rejects pleasures to secure other greater pleasures, or else he endures pains to avoid worse pains.On the other hand, we denounce with righteous indignation and dislike men who are so beguiled and demoralized by the charms of pleasure of the moment, so blinded by desire, that they cannot foresee the pain and trouble that are bound to ensue; and equal blame belongs to those who fail in their duty through weakness of will, which is the same as saying through shrinking from toil and pain. These cases are perfectly simple and easy to distinguish. In a free hour, when our power of choice is untrammelled and when nothing prevents our being able to do what we like best, every pleasure is to be welcomed and every pain avoided. But in certain circumstances and owing to the claims of duty or the obligations of business it will frequently occur that pleasures have to be repudiated and annoyances accepted. The wise man therefore always holds in these matters to this principle of selection: he rejects pleasures to secure other greater pleasures, or else he endures pains to avoid worse pains

The first two parts of this three-part webinar series focused on key topics associated with sales that take place in chapter 11 bankruptcies, and addressed executory contract rejection, the role of customers in chapter 11 bankruptcy proceedings, and change of control via a § 363 sale vs. a plan of reorganization. In this third and last session, the panelists will explore the complexities of sales in chapter 11 bankruptcy with a focus on two common methods of selling a business: plans of reorganization and § 363 sales. The panelists will explore the pros and cons of each method from the perspectives of customers, creditors and debtors, and will provide insights into when each should be utilized. Our experts will compare plans of reorganization to § 363 sales, outlining key differences, timelines, the parties involved and the level of court involvement, and will provide guidance on when to choose a plan versus a § 363 sale and the potential impact of each. Attendees will better understand the options available for selling in a chapter 11 bankruptcy, and the factors to consider when choosing between a plan of reorganization and a § 363 sale. Join us to gain insights into the complexities of chapter 11 sales and how to navigate them successfully.

This is the first in a series of webinars that will cover key jurisdictions around the globe, focusing on developments you and your clients need to consider when thinking about bankruptcy-type proceedings in foreign jurisdictions. What you don’t know may hurt your clients, and you can’t just assume that the same rules apply as in the United States. For this first webinar, the panelists will be examining the situation in France, Germany, Ireland and the Netherlands.

The Supreme Court on Aug. 10 granted an emergency application for a stay and granted certiorari in the case of Harrington v. Purdue Pharma L.P. The Court will consider whether the Bankruptcy Code authorizes a court to approve, as part of a plan of reorganization under chapter 11 of the Bankruptcy Code, a release that extinguishes claims held by nondebtors against nondebtor third parties without the claimants’ consent. The case is scheduled to be argued in the December 2023 argument session. Hear experts on both sides of the issue as they prognosticate on how the use of third-party releases may unfold before the Supreme Court.

Hosted by ABI's Business Reorganization Committee This panel of experts will discuss emerging trends from recent restructurings and bankruptcies in the health care industry, with a special focus on hospitals and biotechnology companies.

Hosted by ABI's Real Estate Committee Commercial real estate continues to be the sector to watch for restructuring professionals, as decreasing property values and increasing interest rates will be colliding with $1.5 trillion of debt maturities over the next four years. This informative program will provide a clear and comprehensive understanding of where the market stands and may be going as we head into the last four months of the year. Where are we in the current economic cycle? How have higher interest rates impacted the commercial real estate market this year, and what will the ramifications be next year? What can asset-class-level fundamentals tell us about commercial real estate trends in 2024? Xander Snyder, senior commercial real estate economist at First American Financial Corporation, will be providing his valuable input on the above questions and more. His research focuses on economic trends impacting commercial real estate, such as demographics, fundraising, investments and commercial lending. He also monitors, analyzes and reports on economic data and surveys related to commercial real estate, and develops models and forecasts to better understand the forces that influence commercial real estate markets."

Customers can play a significant role in Chapter 11 bankruptcy proceedings, both in terms of the value they add to (or detract from) the debtor's business and their potential rights as creditors. In this panel discussion, we will explore the role of customers in Chapter 11 bankruptcy proceedings and the impact they can have on the process, including: The importance of maintaining or rejecting customer relationships and the impact that customer behavior can have on the success of the reorganization or sale process; The creditor role of a customer that can arise by virtue of rejection damages, including the roles and rights a customer gains by becoming a creditor; The consent and approval rights that customers may have in the Chapter 11 process and the implications of these rights for both the debtor and potential bidders in the sale process; The impact that a change of ownership can have on customers, the protections they’re afforded, and how both are addressed in Chapter 11 bankruptcy proceedings. This panel discussion will bring together experts in bankruptcy law, customer relationships, and business strategy to provide a comprehensive view of the role of customers in Chapter 11 bankruptcy proceedings. Whether you represent customers, creditors, or are simply interested in learning more about the bankruptcy process, this discussion will provide valuable insights into this complex area of the law.

Hosted by ABI's Bankruptcy Litigation Committee The panelists will discuss the pros and cons of seeking the appointment of a Chapter 11 trustee, effective strategies to prosecute and defend motions to appoint a trustee, and the current state of the case law surrounding such motions.