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The Pros and Cons of Transactions Involving Distressed Hospitals and Health Care Providers
This panel will provide an analysis of the current levels of financial distress across the hospital, skilled-nursing and home-health sectors using various measurements, including distributions by state.
Bax Decision
This panel will discuss recent bankruptcy court decisions addressing the Delaware Court of Chancery’s decision in CML V LLC v. Bax, and how these decisions impact a creditors’ committee’s or any other creditor’s ability to bring derivative claims against third parties. The panelists will also provide examples of how committees and judges are solving this issue through financing orders and other methods.
Cannabis in Bankruptcy
The panel will briefly address the historical use of cannabis in America for medicinal purposes and the subsequent criminalization of cannabis, which was racially motivated. The panel will then discuss the challenges faced by corporate entities that seek to obtain bankruptcy protection when at least a portion of their income is derived from the sale or cultivation of cannabis, the lease of space to cannabis companies, or the sale or manufacture of products used in connection with a cannabis business. The panel also will discuss the nonbankruptcy options for these entities, as well as the financial hurdles faced by such entities. Finally, a representative from a community bank in Maryland will discuss the services that her bank is able to provide to cannabis dispensaries.
ABI Talks: Coronavirus, Public Perception, and Social Issues
Based on the TED Talks format, this year’s ABI Talks will focus on three discrete issues: (1) the coronavirus, namely the reaction of the market, what industries have been/are going to be hurt the most, and the potential short-term and long-term financial implications of the outbreak, including bringing otherwise-healthy industries into the bankruptcy discussion (such as airlines, oil companies, cruise lines, etc.); (2) the changing public perceptions of bankruptcy, looking at the way history has moved from imprisoning debtors to bankruptcy being such a commonly accepted tool to address debts that even the President has used it; and (3) social issues in bankruptcy, such as the #MeToo movement and the Catholic priest and Boy Scouts scandals.
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