Business

This panel will provide a refresher and interactive discussion on secured transactions in bankruptcy cases. The panelists will discuss the basics of secured transactions, including attachment and perfection, in addition to the interplay between UCC Article 9 and the U.S. Bankruptcy Code. The panelists will focus on the relationship between the obligor/debtor and the secured party, with an interactive discussion concerning the competition for priority among secured parties, lien creditors and trustees asserting competing interests in the same collateral.

The chapter 11 landscape is evolving. This panel will cover current economic headwinds facing debtors, and structuring bankruptcy strategies and feasible chapter 11 plans in this environment.

Think you know what evidence makes it into the record — and what gets tossed? This interactive session will present real-world-inspired hypotheticals highlighting evidentiary challenges in chapter 11 cases. From valuation disputes to insider transactions and confirmation battles, you’ll be asked to weigh in: Is it admissible? Is it persuasive? Is it even relevant? Join us as we explore the fine line between proof and puffery in the bankruptcy courtroom. Audience participation is not just encouraged — it’s required!

Join IWIRC and ABI for a fireside chat with Camille Bent, a partner at BakerHostetler in New York. She will be discussing challenges she’s faced throughout her career; the importance of equity, inclusion and belonging; and the importance of fostering mentorship and inclusivity in your legal practice and business-development efforts.

Valuation disputes are a critical tool for junior creditors in chapter 11 cases, but their effectiveness depends on strategic timing and approach. This panel will examine key moments where valuation issues arise, including DIP/priming fights, adequate protection and financings with equity rights. Topics will include timing considerations such as access to valuation data, the impact of ongoing sale processes, and cost-benefit analyses. The panelists also will provide insights into how junior creditors can tactically engage in valuation disputes to protect their interests while navigating the complexities of large chapter 11 cases.

Financial projections often reflect the intent behind their creation, whether for sell-side transactions, buy-side due diligence, bank credit assessments, operational budgets or chapter 11 exit plans. This session will explore how these purposes impact the reasonableness of projections, including the potential for bias and the role of divergent stakeholder perspectives. Insights from company management, investment bankers, private-equity sponsors, creditor advisors, litigation experts and judges will shed light on best practices for evaluating the reliability and objectivity of projections in valuation and solvency analyses.

Despite the potential need to reassess liability management exercise (LME) structuring following the Fifth Circuit’s Serta decision, LMEs will continue to proliferate. Questions remain, though: Should we view LMEs as nothing more than free options for sponsors and a rearranging of deck chairs on a sinking ship? Or can they be a force for good, leading to improved enterprise value and corresponding improved returns to all creditors? If so, how can companies maximize the chances of their LME doing so? This panel will address these questions and more.

Brody Mullins is a Pulitzer Prize-winning investigative reporter and author of The Wolves of K Street: The Secret History of How Big Money Took Over Big Government. A veteran journalist with The Wall Street Journal, he has spent two decades uncovering the intersection of business and politics, exposing scandals that led to landmark reforms. His award-winning reporting has shaped public understanding of corporate influence in Washington, earning him accolades such as the George Polk Award and multiple Everett Dirksen Awards. His work has appeared in The Washington Post, The New York Times, Vanity Fair, Politico and The Atlantic, and he has been featured on Fox News, CNN and MSNBC.