No CLE

This panel will explore new uses for traditional entity types and look at other types of Cayman entities and their uses in the Caribbean area and in the U.S. Industry and legal experts will discuss what the entities are and what is being done with them, as well as the bankruptcy/insolvency issues and effects that might exist for segregated portfolio companies (SPCs), special purpose acquisition companies (SPACs), exempted limited partnerships, foundations and limited liability companies (LLCs).

This panel will provide an update on cryptocurrency’s adoption and integration into the global financial system. The panelists will share practical approaches for bankruptcy practitioners to identify, take possession of and manage cryptocurrency in bankruptcy cases. The panelists will also discuss strategies for debtors in possession and bankruptcy trustees to preserve the value of crypto-estate property.

This panel will discuss the impact the COVID-19 pandemic has had on the travel and hospitality industry, including how airlines, cruise lines and hotels have managed through the crisis so far, what’s next for the industry once the pandemic becomes endemic (and hopefully milder), and the unique issues that arise in hotel property workouts and bankruptcies.

The world has gone through monumental changes as a result of COVID-19: We have witnessed an administration change; a pandemic shutdown, emergence and contemplated re-shutdown; record market highs; record sustained interest rate lows; and substantial stimulus legislation. How have these various external and macroeconomic changes affected insolvency and fraud litigation, and what impact will they have on the future of litigation? Further, how have these changes influenced cross-border considerations in litigation? This panel will explore the latest trends in insolvency and fraud litigation, and the effects that COVID-19 has had on these trends.

This panel will highlight some of the roadblocks that small business debtors face at the commencement of their cases, throughout the process and on the road to plan confirmation. First in line is the definition of “engaged in commercial or business activities.” Central to this issue is whether a debtor needs to be actively engaged in business operations to qualify as a subchapter V debtor. Next up is lease assumption. When is it the right time to assume? Complicating the road to confirmations is a secured creditor’s § 1111(b) election, and the panelists will present pro and con arguments relating to nondebtor stay relief, injunctions and releases. Finally, the panelists will discuss what the debtor can do to effectuate a consensual plan, the role of the subchapter V trustee in a nonconsensual case, and the discharge of the debtor under both scenarios.

Sponsored by Squire Patton Boggs From the pandemic to Europe’s largest military conflict since World War II, it seems the world is moving from one extraordinary period to another. The conflict in Europe has generated a maze of rapid legal, political and economic responses from authorities around the globe. Those actions are rippling through capital, markets and boardrooms as businesses grapple with how to respond. Join ABI and a panel of experts to discuss where we are headed and what businesses should consider.

Hosted by the ABI's Asset Sales Committee The panel will discuss potential pitfalls to avoid when navigating the bidding process, the auction and the sale. The panelists will provide practical, real-world advice based on sales they have been involved in, and will discuss § 363 sales and other distressed sales.

Sponsored by the Commercial and Regulatory Law Committees Our panel of experts will discuss strategies for effectively working with State Attorney General Offices to resolve hot-button commercial bankruptcy issues.

ABI and Reid Collins & Tsai LLP have joined together to present a three-part webinar series focusing on recurring issues that arise in post-bankruptcy litigation involving trustees, and how to set up trustees for success in pursuing litigation claims. The final session of the series will take place on March 9, 2022 at 1 PM ET and will be done in in partnership with ABI's Commercial Fraud Committee. Litigating Claims by Trustees: Avoiding Pitfalls in Litigation and Recurring Legal Issues, will have a panel featuring Peter Kravitz, Province, LLC; Erica Weisgerber, Debevoise & Plimpton LLP; and, Ryan Goldstein and Keith Cohan from Reid Collins & Tsai LLP.

Kirkland & Ellis LLP's Josh Sussberg will join Jessica Steinhagen and Ian Howland of Reorg's First Day team to provide an overview of 2021 chapter 11 filings data and trends, moderated by ABI Public Affairs Officer John Hartgen. They will also provide industry-level insights across various sectors and highlight key takeaways. Following 2020, the busiest year for chapter 11s on First Day record, 2021 was the slowest and is the first in at least six years to record fewer than 300 cases, with 275. All sectors recorded a drop in filings except for real estate and utilities. Real estate matched 2020’s total exactly, and utilities were up 57% because of Winter Storm Uri’s impact on power-producers in Texas. 2021 included five real estate chapter 11s with more than $1 billion in debt; the sector led all others with respect to filings.