No CLE

Post-confirmation trusts increasingly have become a popular means of obtaining plan confirmation and administering estate assets, pursuing litigation, and resolving a variety of disputes in chapter 11. While the use of post-confirmation trusts provides a host of benefits, it may provide traps for the unwary. This panel will explore issues and challenges that frequently arise in structuring and implementing post-confirmation liquidating and litigation trusts, including preservation and limitations of estate powers, analysis and pursuit of litigation, and practical challenges to winding down assets after former officers, directors and employees are no longer incentivized (or compensated) to cooperate. The panel will bring a wealth of nationwide experience to bear, along with the perspectives of post-confirmation fiduciaries, debtors and creditors alike.

The global pandemic has had an incredible impact on mortgage issues in consumer bankruptcies and will continue to do so for the foreseeable future. From the CARES Act forbearances, to resolving those forbearances through a waterfall of options including partial-claim mortgages, deferral agreements and modifications, to HAF funds, potential sales and other loss-mitigation options, this panel will discuss the pandemic's effects on consumer bankruptcies and the various issues that creditor and debtor attorneys will have to navigate.

This panel will discuss various issues concerning the impact that the COVID-19 pandemic and the economy for the last two years have had on valuations and appraisals. Since cash flow is essential for valuations and operations, the panelists will also discuss the effects of the pandemic on businesses’ cash flow and what can be done to recover and improve cash flow. In addition, the panelists will discuss the sales and auctions of assets during the pandemic period.

Debtors’ lives don’t stop once a chapter 13 is filed. Jobs could be changed or lost, property can be sold and inherited, and debtors can become injured and can sue. Debtor's counsel has to know how to “roll with the punches” and still achieve the best outcome for their client. This panel will discuss the impact of foreseen and unforeseen events in a chapter 13 case. Who gets the benefit of equity in a debtor’s home if it is sold and has appreciated since filing? What if the case converts to chapter 7? What assets are included in the chapter 7 estate upon conversion? Does a debtor have a duty to disclose a post-petition asset such as a cause of action or inheritance? How does debtor’s counsel get paid to deal with all of these issues? Is a chapter 13 trustee entitled to be paid if a case is dismissed before confirmation? What are the requirements to modify what is paid in a chapter 13 plan?

What privileges and confidentiality can be asserted in bankruptcy litigation (e.g., attorney/client, common interest, mediation, etc.), and how do you invoke and preserve these various privileges/confidentialities? This session will identify these issues and address the ethical and legal implications if they they aren’t properly preserved.

This panel will present a discussion of bankruptcy rules and procedures that work and don’t work from a practical perspective, as well as reflections on how technology impacts current practice.

The senior living sector, already stressed prior to the pandemic, has been upended by COVID-19. This panel will discuss the effects that COVID-19 has had on operational and financial performance, business models past and future, and the real estate valuations of senior living facilities. The panel will also identify what in-court and out-of-court alternatives exist, and will highlight adaptive reuse opportunities for owners and operators of these facilities. Participants will learn about the operational and financial ramifications that COVID-19 has wrought on senior living facilities, the various in-court and out-of-court alternatives available to restructure these facilities, and trends in senior living business models. The panelists also will explore various alternative financing options available for distressed businesses, including sale-leaseback and bridge financing, as well as potential adaptive reuse issues and alternatives for facilities that close.

This panel will discuss Code impairment and post-petition interest, provide an update on gerrymandering (including a examination of Consolidated Land Holdings LLC), and review third-party releases and the different outcomes that have occurred in different circuits.

This panel will discuss the recent BVI Court of Appeal decision of Net International Property Limited v. Erez (22 Feb. 2021), along with recent decisions in Hong Kong, Singapore, England and Wales. The panelists will also consider alternatives to recognition and assistance, and practical considerations when there are joint appointments with BVI liquidators.