Business

Cancellation of debt income (CODI) will be one of the largest post-COVID-19 issues for consumers, businesses and business owners. This session will explain what happens when cancellation of a debt generates taxable income, and the resulting effects on the taxpayer and equityholders. Attendees will leave with a better understanding of whether they should counsel their clients to file bankruptcy.

This panel will discuss the various standing doctrines that apply in federal and bankruptcy courts, including constitutional (Article III) standing, prudential standing, statutory standing (“party-in-interest” status) and derivative standing, and will cover issues that arise both in chapter 11 cases and the consumer arena.

Hosted by the Ethics & Professional Compensation and Mediation Committees The panel will provide an overview of certain bankruptcy laws and rules relevant to mediation, using vignettes or hypotheticals to set the scenes for in-depth discussions of the relevant rules of professional responsibility and ethical concerns.

Three cases in the last year have demonstrated that § 363 does not fix everything. In Dean Foods, § 363 did not protect the purchaser from the Sherman Antitrust Act; the purchaser was forced to divest itself of purchased assets in a U.S. DOJ antitrust action. In GNC, CFIUS interposed (unsuccessfully) to try to prevent the sale of assets to a Chinese company owned by the PRC government. Finally, in Exide, CERCLA rendered four contaminated properties unsalable, resulting in abandonment (arguably in contravention of the SCOTUS Midlantic decision, appeal pending). This panel will discuss these issues and more.

Chapter 11 doesn’t work for every corporate liquidation. This panel of experts will discuss other ways a corporation can be liquidated, including out-of-court liquidations, receiverships, ABCs, the Delaware Dissolution Statute and chapter 7.

The day-to-day life of restructuring professionals has changed as a result of the COVID-19 pandemic. Lots of us learned that we can effectively complete our most challenging work from our home offices. This panel of CEOs, COOs and managing partners of firms with significant restructuring practices will discuss what has worked and what hasn’t worked during the pandemic, along with current trends and future issues.

NO CLE Lunch with the judges and faculty from the morning’s panels, with new facilitators leading the discussions. Sponsored by BakerHostetler and Pachulski Stang Ziehl & Jones Confirmation: Brave New World? Damian S. Schaible Davis Polk & Wardwell LLP; New York Confirmation: The Rest of the Story Dan T. Moss Jones Day; Washington, D.C. The Changing Real Estate Landscape Lorenzo Marinuzzi Morrison & Foerster LLP; New York

This panel takes a look at PPP forgiveness issues, the PPP’s effects on M&A transactions and bankruptcy cases, and what comes next.

Three bankruptcy judges present difficult issues they have faced and ask you to step into their shoes; to discuss the issues in small groups discussions; and to decide what you might have done in their shoes. What you learn from your colleagues and what the judges then reveal will be interesting, educational, and revealing.

This panel will discuss whether liens are available on unencumbered assets like avoidance actions, credit bidding issues, equitable subordination/ recharacterization concerns, committee challenges to liens and bidding procedures.