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Using LMEs in Asset Sales
Hosted by the Business Reorganization and Asset Sales Committees. This panel will examine the strategic use of LMEs in the context of asset sales within restructuring frameworks, such as the role of LMEs in facilitating sales, structuring them as conditions to closing, funding LMEs through sale proceeds, or utilizing asset sales as an exit strategy from LMEs or restructuring plans. The panelists will share their insights on the current trends and practical considerations that are shaping these increasingly sophisticated transactions.
Navigating Ethical Crossroads: Responsibility in Mediation and Negotiation
Hosted by the Mediation and Ethics & Professional Compensation Committees.This session will examine the complex ethical challenges that arise when mediation and negotiation processes intersect with distressed scenarios, including conflicts between confidentiality requirements and disclosure obligations, navigating fiduciary duties in collaborative settlement discussions (particularly out-of-court RSAs), and managing professional responsibility issues in multi-party bankruptcy mediations. The panelists will provide practical guidance for attorneys, trustees, advisors and mediators on how to balance the informal and confidential nature of mediation with the heightened ethical and fiduciary standards required in insolvency contexts. Attendees will gain valuable insights into best practices for maintaining ethical compliance while effectively utilizing mediation/negotiation as a tool for resolving disputes and facilitating insolvency issues.
Navigating Legislative Shifts: The Effects on Health Care Companies
Hosted by the Legislation and Health Care Committees. Congressional budget decisions and executive actions are increasingly shaping the bankruptcy landscape for health care companies. This panel will examine how proposed Medicaid cuts, pharmaceutical reforms and the sweeping 2025 megabill are affecting financial distress, restructuring strategies and creditor dynamics in the sector. The panelists will explore the legal and operational implications of these legislative shifts, and how stakeholders are adapting in a rapidly evolving policy environment.
Deconstructing the Code: Spotlight on § 362
Section 362 of the Bankruptcy Code is one of the most frequently litigated — and often misunderstood — provisions in bankruptcy practice. This session will take a deep dive into the automatic stay, exploring its scope, application and termination. The panelists will analyze key distinctions among the subsections of § 362 and how they interact with other provisions of the Code. Attendees will gain practical insights into effective strategies for obtaining relief from stay, including grounds for relief beyond lack of adequate protection, and will learn how to navigate the procedural and evidentiary requirements for efficiently and cost-effectively securing or confirming relief from the stay.
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