Business

Hear the latest on what's happening on Capitol Hill involving the bankruptcy system. Proposed legislation to amend the bankruptcy code, needed changes to Subchapter V, what the rumor mill might be saying about laws in the pipeline - these panelists are involved in the discussions with legislators and will report on what's happening now and what's coming down the road ahead.

Securing plan confirmation is rarely straightforward. From feasibility disputes to contested classifications and objections over good faith, bankruptcy professionals must navigate a range of legal and strategic hurdles. This panel will delve into the most pressing issues impacting plan confirmation today, including judicial interpretations of key confirmation requirements, creditor pushback on cramdown provisions, and the growing influence of subchapter V in small business reorganizations. Panelists also will highlight practical pitfalls that can derail confirmation, and will share approaches to overcoming objections and achieving consensual resolutions. 

This panel will address the most recent developments in preference case law, including with respect to the new value and ordinary course of business defenses, due diligence, evidence, the sale of and liens on preference actions, recent cases at the U.S. Supreme Court, and preference actions in recent mass tort- and crypto-driven bankruptcy cases.

This panel will address a variety of post-confirmation topics, starting with the pre-effective date planning and issues, and post-effective date pitfalls and deadlines. Attendees will also learn about other important topics particular to Subchapter V, post-confirmation jurisdiction, and useful tips for creditors.

Discovery in bankruptcy contested matters can be just as complex and consequential as in traditional litigation, but with its own unique rules, limitations and strategic considerations. This panel will address recent case law, jurisdictional nuances, and the practical challenges of balancing efficiency with due process. Whether you’re initiating discovery or responding to it, this session will provide valuable insights into managing discovery effectively within the procedural framework of the Bankruptcy Code. 

The Supreme Court’s decision in Purdue Pharma has significant implications for cross-border insolvency practice under chapter 15. This panel will examine how the ruling is reshaping the legal landscape for foreign main proceedings, recognition standards, and especially the use of nonconsensual third-party releases. The panelists also will explore emerging questions around comity, enforcement of foreign judgments, and the limits of U.S. bankruptcy courts’ authority in cross-border cases. 

As data privacy concerns grow more urgent, bankruptcy professionals must be prepared to confront the unique challenges that arise when companies holding sensitive consumer data (like genetic information) enter financial distress. This panel will use the high-profile case of 23andMe as a launching point to explore the intersection of data privacy laws and bankruptcy practice. The panelists then will examine the heightened risks and responsibilities for debtors, creditors and trustees handling data-heavy assets in restructuring and liquidation scenarios. 

The restaurant and franchise sectors present unique challenges in chapter 11 restructurings, from complex lease negotiations to brand preservation and franchise agreement compliance. Whether representing debtors, creditors or franchisors, attendees will gain practical insights into navigating the distinctive legal and business hurdles faced by restaurants and franchises in chapter 11. 

This panel will explore best practices for selecting, preparing and effectively using expert witnesses in bankruptcy disputes, including in valuation, fraudulent-transfer and preference actions. The panelists will discuss common pitfalls, ethical considerations, and how opposing counsel can effectively challenge expert credibility and methodology. Attendees will gain practical tips for maximizing the value of expert testimony and avoiding costly missteps in contested bankruptcy matters. 

This lively panel of bankruptcy judges will debate the most pressing and controversial issues shaping bankruptcy law today. Gain unique insights from the bench on evolving case law, procedural challenges and emerging trends affecting practitioners across the bankruptcy spectrum.