Business

In 2005, Congress enacted sweeping changes in the Bankruptcy Code in a law commonly known as BAPCPA (bap-SEE-puh).  Most insolvency professionals recognize BAPCPA’s changes to consumer bankruptcy, such as the means test, modifications to the discharge exceptions and new limits on homestead exemptions.  But BAPCPA affected business bankruptcy too, making chapter 12 permanent and creating the notion of a “small business case” in chapter 11. As BAPCPA turns 20, this panel reflects on its past two decades: what worked, what didn’t, and what might come next.

Domestic and foreign economic policies (and potentially laws and regulations) are undergoing a seismic shift, leading to increased uncertainties and greater market volatility. This panel considers the business impacts of tariffs, trade policies, tax reform, changes in the regulatory environment, and disruptions in both the public and private sectors. Given the rapid pace of proposed and actual changes, this discussion focuses on current events — with a healthy amount of prognostication — to explore areas of increased or potential financial distress.

This session explores the issues and implications of managing bankruptcy cases when key assumptions and expectations fail to materialize, and the exit path is no longer available. What happens then? For instances where there is limited liquidity and the case is facing possible dismissal, administrative insolvency and/or conversion to chapter 7, the panelists run through key pitfalls and provide guidance on how to effectively manage bankruptcy cases through these challenges by referencing several recent and high-profile health care cases to illustrate the harsh reality of these issues playing out today.

From managing the damage from scams on the elderly to filing for infant or incompetent debtors, this panel reviews issues that arise in these types of cases, and provides practical suggestions for how to best assist these vulnerable populations.

This session is designed to equip bankruptcy professionals with a foundational understanding of auction theory, enabling them to navigate asset sales more strategically and effectively. By exploring different auction formats, bidder behavior and key economic principles, participants gain insights into how auction structures impact outcomes in bankruptcy cases. The ultimate goal is to empower professionals to make informed decisions when advising clients, structuring auctions, and maximizing value for creditors. Through real-world applications and interactive discussions, the panelists aim to bridge the gap between legal practice and auction strategy, ensuring more transparent, competitive and efficient asset sales in bankruptcy proceedings.

Join this powerhouse panel for a lively discussion regarding the true meaning of “vesting” and the implications and issues it brings to both consumer and commercial cases. The panelists debate the various interpretations of vesting and dive into a theoretical discussion of vesting across the Bankruptcy Code chapters. Through the use of hypotheticals, the moderators guide the panel’s discussion through areas of vesting that you might not have ever considered important, but you should. You can’t afford to miss this discussion.

This panel provides an overview of commercial mortgage-backed securities (CMBS) financing and the role of special servicers in a distressed context. The panelists also provide recent insights into the CMBS market and practitioner trends from the panelists’ viewpoints.

This panel discusses topics related to various fiduciary roles, such as state and federal equity receivers, independent directors, and trustees in real estate receivership and bankruptcy cases, and looks at different enforcement mechanisms and practices from the viewpoints of both fiduciary and lender.

This panel explores investors' perspectives on acquiring distressed commercial real estate in today's volatile market. The panelists delve into such key challenges as interest rate fluctuations, limited debt availability, economic uncertainty, oversupply and rising material costs. Gain insights from industry experts actively transacting in the current market, and discover their outlooks on the future of distressed real estate.

As the retail and real estate markets continue to evolve post-pandemic, is the long-anticipated recovery taking shape, or are new challenges on the horizon? This panel of seasoned experts explores the latest trends, risks and opportunities in distressed retail and commercial real estate. From shifting consumer behaviors to the ongoing transformation of office space demand, the panelists provide practical guidance and strategic insights for investors, landlords and debtor tenants navigating today’s complex market.