Business

This panel will discuss the bankruptcy and insolvency processes in the U.S. and abroad, focusing on Mexico and offshore jurisdictions. The panelists will cover such topics as potential surprises for a foreign creditor in a U.S. chapter 11 case, as well as fiduciary duties in jurisdictions such as Delaware, Mexico and the Cayman Islands, and will compare concurso mercantile versus U.S. chapter 11.

This panel will discuss the differences between state court assignments for the benefit of creditors and receiverships, and chapters 11 and 7 and subchapter V.

ABI Editor-at-Large Bill Rochelle, author of Rochelle’s Daily Wire, will lead a discussion with a panel of judges regarding recent significant cases involving subchapter V case law, simultaneous representation, and the need for financial distress before filing.

Bankruptcy practitioners are all familiar with the old adage “disclose, disclose, disclose” when it comes to disclosures of connections under Bankruptcy Rule 2014 in a retention application. But what exactly makes a disclosure meaningful, and how does one ensure that relevant information is disclosed? This panel will explore the gray areas between our ethical obligations as attorneys, the requirements imposed by the Bankruptcy Code and Rules, and practical limitations of bankruptcy disclosures for estate professionals.

This panel will provide an overview and discussion of the current status of the law on subchapter V, including any recent legislation and the ABI Subchapter V Task Force's Final Report. The panelists will cover such key legal issues as eligibility, plan confirmation and other topics, the role of the subchapter V trustee both during the case and after plan confirmation, and important post-confirmation issues such as plan defaults and reporting.

This panel will analyze the drivers that are fueling the increasing number of health care bankruptcy filings, as well as the unique challenges facing health care debtors post-petition.

This panel will analyze three major Supreme Court bankruptcy decisions (Kaiser Gypsum, Purdue Pharma and John Q. Hammons Fall) issued during its 2023-24 term, and the implications of these decisions for pending and future bankruptcy cases.

This panel will cover recent developments in liability-management transactions, a.k.a. creditor-on-creditor violence. The panelists will discuss the mechanics of uptier, drop-down and double-dip transactions, approaching each type of deal from the viewpoints of various parties in interest.

This panel will engage in a robust discussion and examination of various oversight roles in the restructuring process, based on the panelists' numerous viewpoints.