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Avoidance Action Roulette
Avoidance actions are necessary not only for crossovers, but also for stakeholders with some frequency or practice in non-mega venues. This panel will dive into avoidance actions and their role in restructuring.
When the Creditor Becomes the Debtor: Consumer Lenders in Bankruptcy and the Impact on Borrowers (No C.L.E)
Hosted by Business Reorganization & Consumer Bankruptcy Committees
This panel will discuss the impact on consumers, and consumer bankruptcy cases, when a consumer lender or loan-servicer files for chapter 11.
Remote Control: Not Just for Toys Anymore
Hosted by Commercial and Regulatory Law & Secured Credit Committees
This panel will discuss various issues arising from the development of a new class of collateral: that which is remotely controllable. The concept of a secured creditor controlling its collateral is of course not a new or novel concept. However, the ability of secured creditors to control their collateral remotely is growing rapidly as new technology and new types of assets are developed. Robots, vehicles and even farm equipment can be directed and controlled remotely to do any number of different tasks, including simply leaving the custody of the borrower and traveling to the custody of a secured creditor. Beyond well-established technology, with the onset of AI and machine learning, collateral (software, vehicles, satellites, etc.) could be programmed to automatically shut down — or phone home — upon the occurrence of particular conditions. This brave new world of valuable assets, which can serve as meaningful collateral for debt, raises new, challenging issues about how these assets are used, regulated and pledged. The panelists will address an array of topics and unanswered questions about how the law is (or is not) suited to addresses the new issues, the risks for creditor and borrower, and the role of the government in finding efficient solutions to potentially unforeseen issues.
Chapter 11 vs. Out-of-Court Restructuring: Predictions and Strategies
It is expected that a significant amount of activity in the next 18 months will consist of out-of-court restructurings, with a smaller proportion being chapter 11 bankruptcies. Experts in restructuring estimate that out-of-court restructurings will comprise between 70% and 75% of the workout “transactions” made over the next year and a half. This panel will delve into what we can expect to see in the near future.
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