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ABI-Live: Litigating a Motion to Appoint a Chapter 11 Trustee Pursuant to § 1104(A)

Hosted by ABI's Bankruptcy Litigation Committee The panelists will discuss the pros and cons of seeking the appointment of a Chapter 11 trustee, effective strategies to prosecute and defend motions to appoint a trustee, and the current state of the case law surrounding such motions.
1 hour 12 minutes 43 seconds

ABI-Live: Post-Petition Appreciation: When Things Go Up, Who Gets What?

Hosted by ABI's Consumer Bankruptcy Committee One of the fundamental objectives to consumer bankruptcy is the idea of a fresh start – but when should that fresh start begin? In this webinar, we will ask the simple question: who gets the benefits when a property appreciates during the course of a reorganization? The answer to this question may surprise you. Join a distinguished panel from the bar, academia, and the bench in this webinar to unpack the complex debate surrounding this seemingly simple but multifaceted question.
1 hour 11 minutes 29 seconds

ABI-Live: Predicting Distress and Opportunities in the Health Care Sector

Hosted by ABI's Health Care Committee Are you eager to delve into how analysts use data to understand opportunities and risks in the health care sector, and why some players might be winning or losing in this dynamic environment? Look no further! This webinar will educate you on the essential key indicators, metrics and information required to comprehensively evaluate risk and uncover opportunities across the health care sector. You will learn how data-driven insights empower decision-making, and how this can help you when advising clients. The panelists also will explore the outlooks for key health care subsectors over the next approximately 18 months, providing you with the latest trends and predictions to help you stay ahead in this rapidly evolving landscape. Lastly, this webinar will provide valuable insights into which players or categories of players are poised to succeed or face challenges in this environment. Understand the "why" behind their successes or distresses with real-life examples and case studies.
1 hour 13 minutes 18 seconds

ABI-Live: SCOTUS Crossfire: Will Purdue Be the Last Mass Tort Bankruptcy?

The Supreme Court on Aug. 10 granted an emergency application for a stay and granted certiorari in the case of Harrington v. Purdue Pharma L.P. The Court will consider whether the Bankruptcy Code authorizes a court to approve, as part of a plan of reorganization under chapter 11 of the Bankruptcy Code, a release that extinguishes claims held by nondebtors against nondebtor third parties without the claimants’ consent. The case is scheduled to be argued in the December 2023 argument session. Hear experts on both sides of the issue as they prognosticate on how the use of third-party releases may unfold before the Supreme Court.
1 hour 17 minutes 23 seconds

ABI-Live: Student Loans in 2023: Is Bankruptcy Finally a Viable Option?

Hosted by the Consumer Bankruptcy Committee Join our panelists as they discuss the DOJ’s new student loan guidelines and provide context on how the guidelines will impact debtor attorneys, trustees and other entities in the bankruptcy process.
1 hour 1 minutes 34 seconds

Administrative Expenses Under § 503

This panel will discuss some key issues under § 503 of the Bankruptcy Code, including substantial contribution claims (§ 503(b)(3)(D)), § 503(b)(9) claims for goods received by a debtor within 20 days of the petition date, and insider incentive payments under § 503(c).
1 hour 11 minutes 22 seconds

Advanced DIP Topics

This panel will present a discussion of recent nonconsensual DIP financings, and take a look at some novel provisions that are becoming more common in DIP orders. The panelists will explore the current status of priming DIP financings/nonconsensual uses of cash collateral, and recent developments in DIP-financing orders, including limitations on the challenge period, large roll-ups, equity participations and "interim order creep."
1 hour 15 minutes 32 seconds

Alternatives to Bankruptcy

This panel will cover various proceedings alternative to bankruptcy, with a focus on assignments for the benefit of creditors. The panelists will provide an overview of popular bankruptcy alternatives and discuss their practicalities.
1 hour 12 minutes 56 seconds

Anatomy of a Small-to Middle-Market Restructuring in Today’s New World

This panel will discuss the various tools and strategies available to insolvency professionals when small businesses attempt to restructure and avoid closure. The panelists will explore nonbankruptcy options available to these businesses, particularly in the current economic climate, including forbearance agreements, longer-term workouts and refinancing, as well as recent case law developments affecting out-of-court workouts for both debtors and creditors. The discussion also will include some of the bankruptcy options available to these businesses, how these businesses can analyze if and when chapter 11 (or chapter 7) provides the best (or only) path forward, and what creditors can do to prepare for an inevitable filing. Finally, the panelists will review bankruptcy eligibility requirements for small businesses in subchapter V and single-asset real estate cases, recent case law developments in subchapter V that practitioners must know about when evaluating bankruptcy options, and other important hurdles and considerations that these types of businesses can expect to encounter today.