No CLE

Corporate restructuring has recently experienced a significant transformation. Traditional business “rehabilitations” (sweeping and lengthy chapter 11 proceedings) have become truncated, and “pre-arranged” cases often follow a strategic liability-management exercise (LME). Jurisprudence that had long constrained debtor-in-possession (DIP) financing (e.g., the sub rosa plan doctrine) has seemingly lost its importance. In many cases, the creditors' committee — as well as the bankruptcy court — are boxed into restructuring support agreement (RSA) terms that are, in turn, embedded into DIP covenants, and those covenants often compel a particular (rightful or wrongful) case outcome. This panel will evaluate whether chapter 11 still reliably delivers on its legislative purpose.

This session will go beyond the black-letter law of § 365 with a "landlord mafia boss" to discuss practical and timely topics concerning how to best serve your client in post-petition lease negotiations during a post-petition § 363(b) sale process. This panelists will discuss cutting-edge issues and real-life experiences associated with real property and personal property leases from some of the most significant cases over the past several years, including Yellow, Red Lobster, GNC and Big Lots. Attendees can expect to be able to implement these lease strategies in cases of all sizes on behalf of debtors, landlords and other interested third parties.

This panel will delve into the legal and strategic complexities surrounding the RMS Titanic chapter 11 case, exploring how different approaches might have altered its course. The panelists will unpack the jurisdictional tensions between the district court overseeing recovered artifacts and the bankruptcy court managing estate assets, and discuss pathways for resolving these conflicts. The conversation also will examine the role of foreign investors and buyers, highlighting the dynamic they introduce into the sale process and the competing interests at play.

Domestic and foreign economic policies (and potentially laws and regulations) are undergoing a seismic shift, leading to increased uncertainties and greater market volatility. This panel considers the business impacts of tariffs, trade policies, tax reform, changes in the regulatory environment, and disruptions in both the public and private sectors. Given the rapid pace of proposed and actual changes, this discussion focuses on current events — with a healthy amount of prognostication — to explore areas of increased or potential financial distress.

This lively discussion will dive into the current economic environment in Utah and the U.S. generally, with a focus on such trending issues as employment, wages, interest rates and population growth. Learn how to prepare for success in these uncertain times.

In consumer bankruptcy cases, the ability to craft clear, concise and well-structured motions is critical to achieving favorable outcomes for clients. This panel provides practical insights into effective motion practice in bankruptcy court, focusing on strategies that enhance clarity, improve efficiency, and ensure that motions stand out for their quality and precision. Whether you are new to bankruptcy law or looking to refine your motion practice, the panelists provide you with practical takeaways to elevate your filings and effectively advocate for your clients in the bankruptcy court.

This panel discusses ethical concerns relating to employing professionals in bankruptcy matters, including disclosure obligations under ethics rules, the Bankruptcy Code and U.S. Trustee guidelines.

Navigating the intersection of ethics and practice management is critical for consumer bankruptcy attorneys. This session will explore the ethical obligations that arise in everyday practice, including client communication, case oversight, fee disclosures and managing high-volume dockets. The panelists will address common pitfalls and real-world scenarios that challenge compliance with the ABA Model Rules and local court requirements. Attendees will leave with practical strategies for maintaining ethical integrity while operating an efficient and sustainable consumer bankruptcy practice.

This interactive panel examines the myriad ways in which lawyers and other insolvency professionals are leveraging artificial intelligence (AI) in their practices. The panelists consider the ethical implications of using (and not using) the advanced technologies now available to practitioners, and discuss how courts are responding to their use. Attendees also have the opportunity to engage with AI in real time during the session.