Business

This session will explore how subchapter V operates in practice, with a focus on eligibility and debt limits, plan confirmation requirements, and the critical role of trustees. The panelists will discuss recent legal developments shaping the evolving landscape of small business reorganization, and provide practical strategies for navigating these changes effectively.Learning Objectives:Attendees will identify the current debt eligibility requirements for Subchapter V, analyze key ambiguities in plan confirmation (including, for instance the treatment of vacant classes, the three-to-five year disposable income commitment, and the availability of discharge for corporate entity debtors). Participants should come away with tools to apply that knowledge to advise small business clients considering reorganization and help participants recognize circumstances where their clients may be eligible.Attendees will assess current empirical data on Subchapter V confirmation rates and repeat filings, identify best practices for quality filings and effective use of local court forms, and understand the unique challenges presented by pro se debtors in the Subchapter V context.

This panel covers pending pertinent U.S. Supreme Court and appellate cases, as well as recently decided cases.Learning ObjectivesAttendees will summarize significant pending Supreme Court and appellate cases likely to impact bankruptcy law and practice.Attendees will analyze the key holdings and reasoning of recently decided Supreme Court and appellate bankruptcy decisions.Attendees will evaluate the practical implications of these developments and anticipate how they may affect future case strategy and outcomes.

A focused discussion on the systemic pressures shaping today’s affordable housing landscape, using the Pinnacle Bankruptcy as a real‑world example. Speakers will highlight key legal, financial, and practical issues from the case, then expand the conversation to broader market trends, fiduciary challenges, and legal considerations affecting affordable housing across regions.Learning Objectives:Attendees will learn to:Apply key legal and financial lessons from the Pinnacle bankruptcy case to identify systemic pressures and fiduciary challenges in affordable housing restructurings.Distinguish between case-specific issues and broader market trends affecting affordable housing operators and financing structures across multiple jurisdictions.Formulate legal strategies to address regulatory compliance and practical considerations unique to distressed affordable housing matters.

This TED-Talk–style panel brings together experienced bankruptcy practitioners to address three critical aspects of modern bankruptcy practice: recent Supreme Court developments, strategic considerations in deciding whether to file for bankruptcy, and the impact of language and terminology on advocacy and outcomes. Through concise, focused presentations, the panel explores how legal doctrine, strategic judgment, and effective communication intersect to shape successful bankruptcy representation. 

In this session, we will explore the unique stressors facing members of the bench and bar and how these pressures affect professional performance and personal well‑being, with a particular focus on the negative impacts of multitasking and distraction and how they can be managed to improve overall well-being.

Sale leaseback transactions are often marketed as win-win situations — unlocking capital while allowing companies to retain operational control of critical assets. But beneath the surface, these structures can carry significant and sometimes underestimated risks. This panel will take a hard look at the “dark side” of sale leasebacks, exploring how transactions that appear overly rosy at inception can later become the focal point of financial distress and legal battles. The panelists will examine the operational ramifications of sale leasebacks, including constraints on flexibility, long-term cost burdens, and impacts on liquidity and capital adequacy. The discussion also will address litigation risks, particularly claims tied to solvency, ability to pay debts, and allegations of fraudulent conveyance or improper capitalization. As sale leasebacks continue to gain traction — especially in capital-intensive and distressed environments — the panelists will explore why this structure remains attractive and how it is reflected on a company’s financial statements from an accounting and disclosure perspective.Learning Objectives:Attendees will evaluate the operational and financial implications of sale leaseback transactions, including their effects on liquidity, capital adequacy, and long-term cost structure.Attendees will analyze the potential restructuring and litigation risks associated with sale leasebacks, including solvency challenges, fraudulent conveyance claims, and disputes over capitalization.Attendees will assess how sale leasebacks are structured and presented in financial statements, including key accounting and disclosure considerations that may affect stakeholder interpretation and risk assessment.

This panel will explore current pressures on health care operators, financing structures and real estate transactions. The panelists will cover entity structures, lending approaches and key trends defining today's health care market.Learning Objectives:Attendees will learn to:Identify current financial pressures on health care operators and their impact on real estate transaction structures and lending approaches.Analyze entity structuring options and financing mechanisms commonly used in health care real estate transactions.Evaluate emerging trends in health care operator distress and their implications for lenders, investors and restructuring professionals.

Each year, the U.S. Supreme Court declines to hear dozens of bankruptcy cases, leaving important legal questions unanswered and lower court rulings in place. This panel examines significant bankruptcy decisions for which certiorari was denied, exploring the unresolved issues they leave behind and the practical impact on bankruptcy practitioners and stakeholders. The panelists discuss how the Supreme Court evaluates petitions for certiorari, the factors that influence whether review is granted, and emerging bankruptcy issues that may be poised for future Supreme Court consideration. Attendees gain insight into developing areas of bankruptcy law and the implications of a Court that often chooses not to weigh in.Learning Objectives:Attendees will understand the criteria and considerations the U.S. Supreme Court uses when deciding whether to grant or deny certiorari in bankruptcy cases.Attendees will examine significant bankruptcy cases in which certiorari was denied and assess the practical implications of those decisions on bankruptcy law and practice.Attendees will identify unresolved bankruptcy law issues and emerging legal questions that may be candidates for future Supreme Court review.

Everyone thinks they have their form plan figured out, but what if there are issues you didn’t think about lurking in your plan? After confirmation, what comes next? What if the plan never actually goes into effect? This panel will help you avoid issues you might not have thought about once that confirmation order is entered.Learning Objectives:Attendees will identify common pitfalls and overlooked provisions that can create problems in chapter 11 plans and plan confirmation orders.Attendees will assess post-confirmation risks and challenges, including issues that arise when a confirmed plan fails to become effective.Attendees will implement practical strategies to anticipate and address potential post-confirmation complications before they become case-disrupting problems.

This panel examines the status of the USMCA review process, its effect on trade and investment, and the implications for dispute resolutions under the USMCA and bankruptcy and restructuring risk across the Americas. The discussion explores the evolving U.S.-Mexico relationship from economic, political and restructuring perspectives, including trade policy, tariffs, regulatory uncertainty, supply-chain shifts and broader geopolitical considerations. The panelists discuss potential outcomes of the USMCA review and what they could mean for companies and investors operating across North America, including the potential impact on investment decisions, business strategy and restructuring risk.Learning ObjectivesSummarize the key trade policy and USMCA-related developments currently affecting restructuring risk for companies operating in the Americas.Assess how tariffs, supply chain shifts, and regulatory uncertainty under USMCA impact credit quality and increase the likelihood of financial distress in trade-sensitive sectors.Formulate strategies for assessing and managing restructuring risk arising from trade and USMCA-related disruptions when advising clients with cross-border operations in the Americas.