Business

In our adversarial system, about half of us will disagree with the judge’s ruling. Yet statistically speaking, only a couple of bankruptcy-related cases reach the Supreme Court in any given term. This panel focuses on the first level of appeals to district courts or bankruptcy appellate panels, including whether the party has standing, whether the appeal is ripe and/or interlocutory, and the hot-button issue of mootness. The panelists take a practical approach to addressing the many traps for the unwary so that all of us will feel more confident in filing — or receiving a notice of — an appeal in one of our cases.

Agricultural businesses face unique challenges in today’s evolving economic and legal landscape. This panel will explore the key issues shaping agricultural bankruptcies, including the root causes of financial distress for farmers and agricultural enterprises, the role of chapter 12 as a vital restructuring tool, and the range of out-of-court alternatives available to distressed debtors. The panelists also will discuss emerging case law, legislative developments and practical strategies that influence the outcomes of agricultural bankruptcy proceedings, and will provide a comparative analysis of chapter 12, chapter 11 and subchapter V by examining their respective benefits, limitations and procedural considerations for agricultural cases.

This panel discusses idiosyncrasies and potential ethical traps of the attorney/client privilege laws in the Caymans and the U.S., and when those laws apply, even in recognition and other cross-border matters.

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.

The global automotive industry is facing unprecedented disruption, from supply chain pressures and shifting consumer demand to the transition toward electrification and stricter regulatory frameworks. These forces are creating unique restructuring challenges and opportunities across both the U.S. and European markets. This panel will bring together experts to compare approaches on both sides of the Atlantic, examining how legal, financial and operational strategies differ and the lessons that can be drawn from recent high-profile cases. Attendees will gain insights into emerging risks, cross-border considerations, and the tools available to manage distress in one of the world’s most complex and rapidly evolving industries.

This panel will present an overview of the statutory groundwork for, methodology for pursuing, and latest case law on avoidance action claims, including the impact of Purdue Pharma on the sale of these claims.

This panel will discuss the utility of Rule 2005 and sanctions.

This panel will provide a comprehensive overview of key tax considerations that arise before and during bankruptcy proceedings. Attendees will learn how to preserve and utilize valuable tax attributes prior to filing. The panelists also will explore the complex question of whether certain tax attributes constitute property of the bankruptcy estate, and will address a range of critical tax issues that may emerge during a bankruptcy case. This session is essential for practitioners seeking to effectively navigate the intersection of tax law and bankruptcy.

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.