Business

This panel will delve into everything you ever wanted to know about the intersection of construction law and bankruptcy.

This panel will present views from the perspectives of management, debtor’s counsel and creditors' committee’s counsel on hot-button and common issues in public company bankruptcies. These large and interesting cases are not filed every day, but their frequency has been on the rise because of the role of special purpose acquisition companies (SPACs). The panelists will discuss the nuances of what makes public company bankruptcies different.

Subchapter V opinions of first impression are being entered around the country every year. This panel will discuss the most recent subchapter V opinions and analyze how bankruptcy practitioners and courts are creatively filling subchapter V's statutory gaps.

This panel will discuss the various issues surrounding merchant cash advance (MCA) lenders from the perspectives of MCA lenders, debtors, the bench, and other secured creditors whose interests may be affected by MCA lenders.

This panel will discuss changes across the retail bankruptcy landscape over the last four to five years — before, during and after the COVID-19 pandemic. The panelists will share their perspectives from the debtor, lender, landlord and judicial viewpoints, with a focus on the business, leverage, operational and legal causes and outcomes of retail bankruptcies during these unprecedented times.

This panel will analyze several recent and potentially controversial issues, including current views of the courts, arising in connection with avoidance actions in business bankruptcies, including the extent of due diligence required prior to bringing such actions, the sale of rights in proceeds of avoidance actions and the actions themselves; current views on replacement liens and adequate-protection liens attaching to avoidance actions granted to secured creditors in connection with debtor-in-possession financing and adequate-protection liens; provisions of DIP-financing orders extinguishing the rights of unsecured creditors to pursue avoidance actions against secured creditors; the application of strong-arm statutes and extended reach-back provisions; and issues related to proving insolvency at trial.