Business

This session will discuss the broader policy debate on the usefulness, functionality and policy issues of examiners and trustees in chapter 11. ➤ Bankruptcy examiners drive up the cost of the bankruptcy process and generally do not deliver benefits that justify their expense and distraction. ➤ Bankruptcy examiners play an important role in ensuring the integrity of the bankruptcy process and should be appointed more regularly. ➤ Typically, it should be the role of an official committee, rather than an examiner, to investigate estate causes of action in circumstances that implicate the debtor’s insiders such that the debtor is conflicted.

Judicial Debate: Tough Issues in Subchapter V Cases Past Presidents Debate: The Efficacy of Third Party Releases

If you suddenly became the owner of Batman’s secret cave, would you know how to value it, lease it or sell it? Could you transfer it in a § 363 sale, or could you cancel any claims Batman and others may have on the permanently installed Bat Computer? This session reveals the panelists' oddest adventures in real estate, and the latest in commercial real estate trends.

Now that subchapter V's first three years are in the rearview mirror, this session will pull back the curtain on this latest reorganization tool to discuss what is (or is not) working. Attendees will hear from three practicing subchapter V trustees, a career bankruptcy law clerk, and a bankruptcy judge with an active subchapter V docket to examine what practitioners are doing right, and what they are doing wrong, when representing clients in subchapter V cases.

This panel will discuss how secured creditors can inadvertently find themselves junior in priority, diminishing the value of their loans, and how they can protect themselves.

This panel will discuss various considerations for practitioners in regards to interest rates and inflation, and their effects on valuation in bankruptcy proceedings.

With the evolution of international bankruptcy law, is there still a case for chapter 11? Which jurisdictions have shown themselves to be more beneficial to certain parties in interest? This panel will cover these issues and more.

This panel will provide practical information and business considerations for filing an involuntary bankruptcy case, and helpful guidance when litigating entry of an order for relief.

This session will provide a general overview of the involuntary bankruptcy process, and will drill down into what it means for a claim “not to be subject to a bona fide dispute," what happens or does not happen during the “gap period,” soliciting and adding creditors to the petition, and the ramifications of when an involuntary filing is dismissed for bad faith.

Certain judges have started to require that DIP orders waive any argument that the UCC cannot seek derivative standing to pursue claims on behalf of an LLC debtor. Is this trend rooted in bankruptcy common law? This panel will discuss this question and more.