No CLE

Whether you are a seasoned practitioner looking for a refresher on basic concepts or are venturing into the area of distressed business valuation for the first time, this session provides a toolbox overview of the fundamentals of valuation methodology. Topics include: definitions of value commonly used valuation methodologies CAPM and MCAPM application of systemic and unsystemic risk adjustments

Whether you are a seasoned practitioner looking for a refresher on basic concepts or are venturing into the area of distressed business valuation for the first time, this session provides a toolbox overview of the fundamentals of valuation methodology. Topics include: definitions of value commonly used valuation methodologies CAPM and MCAPM application of systemic and unsystemic risk adjustments

Whether you are a seasoned practitioner looking for a refresher on basic concepts or are venturing into the area of distressed business valuation for the first time, this session provides a toolbox overview of the fundamentals of valuation methodology. Topics include: Definitions of value Commonly used valuation methodologies CAPM and MCAPM Application of systemic and unsystemic risk adjustments

With the erosion of boundaries between work life and home life in remote-work settings, professionals need to balance competing objectives, including how to maintain client satisfaction while addressing fears and anxieties among colleagues and family members. Those challenges will continue as the country shifts back to more “normal” work settings. This plenary session will examine the increased pressures faced by insolvency professionals today.

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.

When developing a strategy for an entity in distress, good insolvency lawyers weigh all their options, both in and out of bankruptcy. This presentation will consist of two mock client consultations (one debtor-focused and one creditor-focused) discussing the pros and cons of various alternatives to bankruptcy. The presentation will culminate in a mock status conference before a federal district court in an action where the plaintiff is seeking the appointment of a federal receiver in a loan-enforcement action. This session also will provide an in-depth examination of assignments for the benefit of creditors, as well as state and federal receiverships.

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.