Business

Qui Tam Cases in Bankruptcy Court; Applicability of the Automatic Stay under § 364; Are You Exhausted Yet? Better Take a Look at Those Administrative Remedies

An unprecedented number of retailers have filed for bankruptcy so far this year. Indeed, as of June 1 there have been more significant retail bankruptcies than in all of 2016, setting a potential record course for 2017, including The Limited, rue21, Payless, Gymboree, hhGregg, Gander Mountain and Ignite Restaurants (Joe's Crab Shack). Has the strategy changed from § 363 sales and liquidations to pre-2005 reorganizations? Will the sheer greater number of potential filings doom malls? Will mall owners and their tenants be filing for bankruptcy? What could the domino effect be on landlords? Can brick-and-mortar stores cement their positions and stem the tide of bankruptcies? Will the Aeropostale paradigm of landlord investment become more common? Will factors and other lenders be caught in the downward spiral? Will there be recoveries for the unsecured creditors in cash or equity? Can Black Friday sales save retail? This panel discussion will cover a wide spectrum of legal and practical insights into each of these topics.

In March 2017, the Supreme Court issued its decision Czyzewski v. Jevic Holding Corporation. The Jevic case has been regarded as the most important Supreme Court case impacting chapter 11 practice in the last decade. This panel of experts will be discussing the impact and implications that the Jevic decision will have on business bankruptcies for years to come.

Hosted by the International and Mediation Committees This panel will discuss the evolution of mediation in cross-border insolvencies and how it is utilized today. It will also provide insight into how cross-border mediations differ from U.S.-centric mediations, when cross-border mediations are most (and least) effective, and how mediators and professionals can best prepare themselves and others for successful cross-border mediations.

This panel will feature a discussion on retail bankruptcy issues from the perspective of debtors, landlords, liquidators, financial advisors and creditors.

Hosted by the Commercial Fraud and Secured Credit Committees. This panel will take a fresh look at secured creditor rights and unique solvency issues in fraud and Ponzi cases. Learn how to avoid being trumped in federal forfeiture proceedings or paying on bankruptcy clawback claims by treading in the safe harbor of § 546(e) — and learn how to navigate the shoals of receivership

Hosted by the Asset Sales and Health Care Committees

The panel will discuss myriad issues (including ethical issues) that have arisen, and will likely arise in the future, as the current trend of third party litigation funding begins to be a more common funding vehicle in bankruptcy cases.

Optimize Cognitive Fitness: The Connection Between Lawyer Wellbeing and Performance

This panel will explore presenting evidence in contested matters before bankruptcy courts, including laying proper evidentiary foundations, attacking evidentiary foundations, common evidentiary objections, and strategic considerations in presenting or contesting evidence in a contested matter before a bankruptcy court — along with insight from an experienced judge on the most effective strategies and judicial preferences.