Business

Despite the headwinds created by the global pandemic, economic activity has been in full swing. Economic growth during the pandemic generally surpassed expectations, with favorable lending conditions and consumers and businesses maintaining a surprising level of activity. The enormous legislative response to the pandemic was responsible for the strength of the economy, but labor shortages, supply disruption and inflation have become real concerns. The Russian invasion into Ukraine in February has only exacerbated these risks. Given this backdrop, this panel of distinguished investors will discuss the state of distressed investing, including where they currently see opportunities, their thoughts on the credit cycle, and what might drive the next wave of defaults.

This panel will cover the what, how, why and risks/benefits of Article 9 sales, including negotiating the friendly foreclosure and aftereffects.

What are the constitutional limits of bankruptcy court jurisdiction and authority? This panel will discuss recent decisions implicating Stern v. Marshall to see when and how courts are addressing limits on jurisdiction and authority. The panelists will analyze when state law actions may be maintained in bankruptcy court and when the bankruptcy court can enter final orders and review key local rules. Additionally, the panelists will provide strategies for how to address matters where a bankruptcy court cannot issue final orders.

The goal of diversity, equity and inclusion (DEI) has been a frequent point of discussion over the last few years, including at last year’s conference. This panel will focus on how DEI is now being implemented in the legal world generally and in the insolvency space specifically. The panelists also will discuss how they have integrated DEI talking points into their daily practice.

Over the last several years, an increasing number of states, including New York, have adopted the UniformVoidable Transactions Act (UVTA), the latest update to the Uniform Voidable Transfer Act. The UVTA made anumber of minor changes and updates to the Uniform Fraudulent Transfer Act (UFTA), including changingthe name. What changes were significant? What opportunities to fix problems/vagaries in the UFTA did thedrafters miss? What amendments should the UVTA drafters consider?

Many businesses thrived and grew during the COVID-19 pandemic, while others died on the vine. How do you understand the value of distressed businesses in a post-COVID-19 world? This panel will explore how to evaluate post-COVID-19 business plans and tax strategies to enhance and preserve value.

This panel will discuss notable chapter 15 and cross-border insolvency cases decided in the past year, including those involving the scope of discovery available to foreign representatives, § 109 eligibility, and the use of chapter 15 to bind creditors to confirmed plans. The panelists will also discuss logistical and practical solutions in running chapter 15 cases.