Business

This panel is in the format of current-events TV program “Crossfire” and will address three “hot” or “interesting” bankruptcy issues that are not being addressed in the other sessions, including future waivers, new-value issues and Jevic.

How do judges view the various types of committees–official statutory committees (including unsecured creditor, equity, retiree and tort claimant committees) and ad hoc committees? Is the makeup of the committee (trade/landlords/noteholders/bondholders/litigation claimants) relevant? What is Jevic’s impact on the ability of unsecured creditors’ committees to obtain recoveries for their constituents—do committees representing deeply out-of-the-money creditors have anything left in their toolboxes? This panel will discuss these questions and more relating to official and ad hoc committees.

This program will include discussion of a series of issues that arise in adversary proceedings. They will include Merchant Cash Advance Chapter 5 litigation; trustees attempted 10 year IRS statute of limitations use in section 544 actions; license issues on contested sales (Lubrizol); jurisdiction in international cases). This program is designed for lawyers with beginner level experience in adversary proceedings.

This panel will address the psychology, mindfulness and strategies for dealing with tough clients and tough ethical issues.

The panel will discuss the state of distressed and bankruptcy related investing, including where they currently see opportunities, their thoughts on the credit cycle, what may drive the next wave of bankruptcies, the potential effects and repercussions of the leveraged loan market, the role of CDS and the “empty creditor” dynamic, and the impact of BDC’s, CLO’s and direct lending firms.

The panel will discuss the fiduciary duties of officers and directors under Delaware and other applicable state law, including the duty of care and the duty of loyalty, when the business-judgment rule applies to the conduct of officers and directors, and when a higher standard (such as enhanced review or entire fairness) applies their conduct.