Business

How Clear is “Free and Clear” under § 363? You’re a Real Character: When Can Debt Be Recharacterized as Equity? How Can I Get a One of Those: A Third Party Release? A panel discussion of lawyers with more than 100 years of bankruptcy experience, moderated by a bankruptcy judge who used to be a corporate lawyer. The panel will discuss recent court decisions and focus on unique issues that can arise when a debtor seeks to sell estate property “free and clear,” including whether § 363 can be used to sell real property free of an otherwise valid lease, the debate over whether and under what circumstances a bankruptcy court may rule that a facially valid loan is really subordinated equity, and whether post-Stern bankruptcy courts have the authority to grant releases to non-debtors and, if so, under what conditions.

This panel will cover the effects of the recent Supreme Court decision under § 546(e) of the Bankruptcy Code, valuation of avoidance actions, pre-bankruptcy planning, creditor intervention, and conflicts preventing individual debtors from pursuing claims.

The way that we practice law is changing, as the legal industry is going through a dramatic digital transformation. Cybercriminals are increasingly seeing law firms as targets for cybercrime, and clients are putting pressure on professionals to create and maintain appropriate security programs to keep their data secure. This panel of experts will discuss the current state of cybersecurity, as well as best practices for how to protect yourself from and respond to a cybersecurity attack. We will also explore how blockchain technology may be the tool of the future to keep data secure.

The only D&O insurance policy issues that get much attention — in the restructuring world, at least — are (1) the insured-vs.-insured exclusion and (2) obtaining stay relief to access policy proceeds. The panel will tell the “rest of the story” by addressing important — but often overlooked — coverage issues and offering practical advice for purchasing D&O insurance policies (on behalf of distressed entities) and monetizing such policies (on behalf of fiduciaries).

How well do you understand your confirmation order? This panel will break down some examples of issues that create frustration for bankruptcy judges through inconsistent or vague language, misinterpretation or fundamental flaws. Panelists will navigate typical confirmation documents through drafting to final order.

Hear Judge Harner interview the leading bankruptcy scholar on executory contracts, Prof. Jay Westbrook, as he explains and “demystifies” them.

The valuation of financially distressed and insolvent higher-education and health care organizations is impacted by numerous factors, including government funding/reimbursement, changing business models and macroeconomic factors. This panel will examine recent developments in these areas and discuss how they impact valuation engagements.

This program will explore (i) how courts have implemented recent rules dealing with e-discovery; (ii) TAR and other software tools to manage e-discovery; and (iii) unique e-discovery issues in bankruptcy cases and adversary proceedings.

Sharpen your motion-practice skills and become a more effective and prepared advocate for your client by attending this practical session. Focusing on chapter 11 cases, panelists will discuss tips and practice pointers for motions for relief from stay, asset sales, post-petition financing, use of cash collateral, 2004 exams and more. Presentation of arguments and evidence will be discussed, and checklists and forms will be distributed.

Sharpen your motion-practice skills and become a more effective and prepared advocate for your client by attending this practical session. Focusing on chapter 11 cases, panelists will discuss tips and practice pointers for motions for relief from stay, asset sales, post-petition financing, use of cash collateral, 2004 exams and more. Presentation of arguments and evidence will be discussed, and checklists and forms will be distributed.