No CLE

This panel will explore recent bankruptcy filings and out-of-court restructurings, as well as what is on the horizon in the maritime industry, particularly regarding shipping conglomerates, terminal owners, service providers and E&P explorers.

This panel will discuss the rise of unitranche credit facilities, the differences between unitranche credit facilities and more traditional debt structures, and the appeal of a unitranche structure to borrowers, sponsors and lenders. The panel will also discuss bankruptcy-related considerations when negotiating an Agreement Among Lenders (the intercreditor agreement governing the respective rights of lenders in a unitranche credit facility), as well as recent intercreditor litigation.

In retirement, the shackles of judgeships are removed. This panel of retired bankruptcy judges can and will speak freely of their experiences both on and off the bench during their respective tenures, along with their unique analyses and perspectives on current bankruptcy practice.

Determinations of values are central to virtually every aspect of a consumer bankruptcy case. How should debtors value assets on their schedules? What should they rely on for value, and what is their attorney’s role and responsibility? When are appraisals needed? What weight is given to BPOs and tax statements? What can creditors and trustees do to challenge the debtor’s values? What quotient of evidence do debtors, creditors and trustees need to litigate the value of a creditor’s collateral, a residence in a chapter 13 lien-strip, or a contested abandonment of property in a chapter 7 case, a contested redemption or a contested exemption?

Judicial Debate Resolved: A debtor must obtain a judgment under chapter 5 of the Bankruptcy Code before it may invoke disallowance of a claim under section 502(d). Business Debate Resolved: Cure and reinstatement of a credit agreement under 1124(2) requires the payment of default interest. Consumer Debate Resolved: Flat fees that are earned upon receipt may not be recovered by chapter 7 trustee upon the rejection of the fee agreement.

Secured creditors typically hold significant leverage in restructuring situations and bankruptcy cases, but they are often the target of challenge or attack by other constituencies. This panel will discuss a number of key issues facing secured creditors and how those issues influence the advice given by financial advisors and lawyers.

Distressed health care is expected to be a busy practice area in 2017. Uncertainty surrounding the potential full or partial repeal and replacement of the Affordable Care Act will only increase disruption in this ever-changing industry. This panel will examine key issues regarding the intersection of health care and bankruptcy, along with the challenges facing health care providers. Topics will include health care regulatory issues relevant to § 363 sales, issues related to provider agreements, bankruptcy court jurisdiction over disputes with CMS, and potential opportunities for health care providers and distressed investors.

This panel will visit controlling the time and expense of bankruptcy litigation; how bankruptcy’s Code, Rules and process affect the relationship between the parties’ incentives and duties to their constituencies; the continuing viability of unsecured creditors’ committees; claims trading and the increased role of hedge funds in chapter 11 cases; and other topics covered in the Final Report of the ABI Commission to Study the Reform of Chapter 11.