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Supreme Court and Appellate Court Round-Up
This session will cover pending pertinent U.S. Supreme Court and appellate cases, as well as recently decided cases.
Retail Bankruptcy
This panel will provide an update on today’s retail restructuring landscape by discussing hot topics in retail bankruptcy cases, administrative solvency challenges, the “billing vs. accrual” approach in leases (Avianca Holdings), nondebtor releases and injunctions in sale orders, and chapter 15 and sales of U.S. assets “free and clear” (Goli). How far have we come over the years? What out-of-court solutions might work best?
Luncheon Program: What Is Next in Restructuring for 2026?
CLE credit is not available for this session.This panel will review various macro issues that will likely impact the restructuring community in 2026, including trends associated with the private credit markets and the health care, retail and real estate sectors.
Great Debates | 2025 Views from the Bench
Resolved: The doctrine of in pari delicto should bar a trustee from recovering solely for the benefit of creditors.Resolved: The above transaction is an avoidable fraudulent conveyance, and the original lenders may recover more than via a general unsecured claim.A debtor engaged in an LME transaction in which the debtor received substantial liquidity by subordinating a debt secured by a first lien on the debtor’s principal assets to a new, more senior first lien. The debtor received desperately needed liquidity, but the subordination substantially impaired the recoveries received by the original first-lien lenders. A subsequent bankruptcy was filed within 18 months. Unsecured creditor recoveries will be 2%. The court determined that the subordination agreement violated the terms of the original loan agreements.
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