Business

The life cycle of an SPAC is continually evolving — and in recent history, some cycles have included bankruptcy proceedings. This panel will go through what an SPAC is and what it means to “deSPAC,” and will examine post-deSPAC'ed companies against the backdrop of the current, sometimes turbulent economy. The panelists also will discuss when bankruptcy is (or isn’t) an option for a de-SPAC'ed company, and how a bankruptcy case may (or may not) be different for such a company.

This panel will explore recent trends in commercial fraud and the resulting bankruptcies, examine the role of technology in those cases, and consider how these cases will evolve in the future.

Focusing on mediation in noteworthy cases, the panelists will discuss their thought processes when deciding whether to mediate, and how they go about selecting a neutral in cases both large and small. The panelists will explain how they select mediators, how they work with them, and the useful qualities they look for in mediators.

With a focus on providing practical advice in an interactive forum, this panel will discuss issues that arise in automatic stay and discharge violation matters, including a review of evidentiary hurdles, the determination of damages, procedural tips and traps, and the impact of Taggart on these disputes.

Through case studies (FTX, SVB and LeClair Ryan), this panel will discuss the importance of corporate controls and share best practices for implementing strong corporate controls.

This panel will delve into issues involving digital accounts, cryptocurrency and NFTs, including how to getsecured and perfected, how to liquidate, and bankruptcy-specific considerations. The panelists also willdiscuss UCC Article 12 and its impact on the digital-asset world for secured parties, and help practitionersbetter understand the considerations and issues they should be spotting when advising their constituents ondealing with digital assets.

This panel will discuss and analyze attacks on pre-bankruptcy transactions, specifically certain transactions that (1) resulted in modifications to corporate governance or subsidiary status; (2) were at the behest of directors and officers and that may or may not have been to the detriment of the company; (3) were designed to limit liabilities in a workout or reorganization scenario; (4) modified rights or obligations owed to lenders, including the grant of additional security; or (5) were done for some other purpose. During the discussion, the panelists will focus on the analysis of the potential attack on such transactions, as well as the strategy for launching (or planning to launch) such an attack.

This panel will discuss the § 1111(b) election in modern times. It’s not the rule against perpetuities, but it’salso not as simple as your basic loan default. Do you know how to analyze whether making the electionmakes sense? Perhaps more importantly, do you know how to counsel your client through the process?

Featuring the perspectives of the debtor, creditor, subchapter V trustee and the bench, this session willconsider the life cycle of a small business reorganization. Beginning 30 days before the debtor files itspetition, continuing through the 90-day plan filing deadline and hurtling toward confirmation, the panelistswill discuss pre-bankruptcy planning and negotiation, debate eligibility and case-management issues,consider best practices for utilizing a subchapter V trustee throughout the case, and highlight tips and trapsof plan formulation, contested confirmation hearings and post-effective-date matters.