No CLE

This panel will provide guidance on identifying and addressing issues relating to personal-injury (PI) causes of action that arise (or are discovered) post-petition in consumer bankruptcy cases. When are they property of the estate? What disclosures are required, and when? How does judicial estoppel apply? In chapter 13 cases, does the debtor need court approval to retain and pay PI counsel? Is bankruptcy court approval required before the debtor settles a cause of action? The panelists will address these questions and more.

This session will provide a foundational overview of directors and officers (D&O) insurance, with a focus on issues that commonly arise in bankruptcy and distressed scenarios. Attendees will explore the importance of Side A coverage and strategies for supplementing existing policies to protect chief restructuring officers and board members. The panelists also will cover key legal principles and practical litigation strategies related to D&O breach-of-fiduciary-duty claims, providing insights from both plaintiff and defense perspectives.

This panel discusses workout strategies for distressed real estate cases from lender and borrower perspectives, including what works, what doesn’t, tradeoffs, pitfalls and more.

This panel will focus on state court receiverships, federal court receiverships, involuntary bankruptcies, assignments for the benefit of creditors and other alternatives to traditional workouts, all from a creditor’s perspective.

This session explores the issues and implications of managing bankruptcy cases when key assumptions and expectations fail to materialize, and the exit path is no longer available. What happens then? For instances where there is limited liquidity and the case is facing possible dismissal, administrative insolvency and/or conversion to chapter 7, the panelists run through key pitfalls and provide guidance on how to effectively manage bankruptcy cases through these challenges by referencing several recent and high-profile health care cases to illustrate the harsh reality of these issues playing out today.

This panel will discuss current topics and challenges facing boards and other fiduciaries of distressed companies. The panelists will explore risks, pitfalls and best practices for directors, boards and their counsel/advisors in a variety of contexts with unique challenges, including liability management exercises (LMEs) and other distressed corporate transactions, wholly owned insolvent subsidiaries, and dual fiduciary issues in private-equity sponsor companies. The panelists also will discuss key post-Quandrant trends and legal developments, as well as the potential impact of recent Delaware General Corporation Law (DGCL) amendments.

As the retail and real estate markets continue to evolve post-pandemic, is the long-anticipated recovery taking shape, or are new challenges on the horizon? This panel of seasoned experts explores the latest trends, risks and opportunities in distressed retail and commercial real estate. From shifting consumer behaviors to the ongoing transformation of office space demand, the panelists provide practical guidance and strategic insights for investors, landlords and debtor tenants navigating today’s complex market.

The chapter 11 landscape is evolving. This panel will cover current economic headwinds facing debtors, and structuring bankruptcy strategies and feasible chapter 11 plans in this environment.

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.