Business

In April 2023, ABI created the Subchapter V Task Force, which was charged with reviewing the implementation and administration of subchapter V. After almost a year of study and public hearings, the task force has issued its report and recommendations, which include statutory changes. This session will discuss the task force’s report and recommendations.

This panel will explore best practices for getting your case from the initial consult stage to final judgment on the merits by presenting a hypothetical fraud scenario with multiple interested parties. This must-do skills workshop is for anyone focused on litigation in bankruptcy court.

Bankruptcy courts are courts of limited jurisdiction. Given that parties can neither waive nor consent to subject-matter jurisdiction, this panel will explore the limits of 28 U.S.C. § 1334 and the effectiveness of the retention of jurisdiction provisions in sale orders and confirmation orders. The panelists will discuss recent decisions on the scope of “arising under,” “arising in” and “related to” jurisdiction. The panel also will delve into whether, and to what extent, bankruptcy courts automatically have jurisdiction to interpret and enforce their own orders, including whether that jurisdiction diminishes over time. Finally, the panelists will discuss mandatory and permissive abstention and the parallel proceeding rule.

With the increasing role of private capital (debt and/or equity) in health care businesses, from hospitals to specialty practices, the financial pressures, challenging payor reimbursement rates and regulatory environment have led to a growing number of restructurings and bankruptcies in this sector. This highly experienced panel of bankruptcy attorneys and financial advisors will discuss the critical issues involved in health care insolvency proceedings, including private-equity ownership and use of private capital on restructuring strategies, regulatory and compliance challenges, patient care considerations, and the role of the courts in balancing financial recovery with public health concerns. The discussion also will cover recent case studies, highlighting the lessons learned and best practices for managing these complex cases.

This panel will address current trends in private credit restructurings, including the types of companies and industries that are most affected. The panelists also will explain the role of private equity and hedge funds in private credit restructurings, as well as the potential impact on stakeholders, and will analyze the legal and regulatory landscape for private credit restructurings, and the challenges associated with navigating this landscape.

This panel will address recent trends in private credit restructuring.

This panel will explore the basics of privilege and how it is used in bankruptcy litigation. Do members of an LLC have access to privileged info? Do former board members have rights to privileged info? Does a trustee of an individual debtor have rights to the individual debtor's privileged information? Is a trustee required to turn over his/her privileged information to the debtor after it retakes possession? Can mediation privilege be used to cloak an entire bankruptcy case so that all information is immune from discovery from non-mediation parties or its adversaries?

Property valuation is a major issue affecting all real estate asset classes in today’s market, impacting lending and sale transactions, litigation and development transactions. We’ve been here before, but what’s different this time? This panel will address key issues related to valuation, including how far values dropped, and what will drive them up; the assets and asset classes that have been the most impacted by value declines; some of the elements having the biggest impact on values, and why; the techniques most commonly used to value distressed properties in today’s market; and the due diligence best practices for minimizing risks in acquisitions and financing transactions.