Business

Will the new Small Business Reorganization Act lead to more successful restructurings and fewer liquidations of small businesses while still protecting creditors’ rights?

Earlier this year, a chapter 11 case was filed and a plan confirmed in 19 hours. A one-day prepack offers several advantages to creditors and debtors alike. What cases are a good fit for a lightning-speed chapter 11, and what due process concerns must be satisfied?

In this program, three expert mediators, two retired judges and one federal judicial mediator will provide insights on what to expect in a mediation of a dispute in a contested matter or adversary proceeding in a bankruptcy case. They will focus on the types of bankruptcy disputes that are well-suited for mediation; procedures for implementing a mediation referral, including the referral order and mediation agreement; confidentiality issues; the conduct of the mediation session; different mediation techniques; strategies for parties and counsel to conduct effective negotiations in mediations; and bad-faith participation in mediation and remedies for such conduct. The panelists also will provide their insights on traps and problems to avoid before, during and after mediation, and best practices for counsel and parties in mediations.

This panel will discuss what happens when an estate is administratively insolvent, when principals/owners can be liable, reclamation claims and permit-blocking issues, when you can abandon, why secured creditors won’t foreclose, nonprofits’/foundations’ role in clean-ups, and brownfield development. The panelists will then focus on the impact of the Trump administration on these issues, as well as various regulators’ roles (such as the EPA and state regulators).

The panelists will discuss fiduciary duties and the role of the board.

This panel discusses reported decisions under 11 U.S.C. § 707(b)(4) and FRBP 9011.

This panel will focus on various forms of alternative dispute resolution, including a discussion of mediation, the benefits of mediation, when mediation is appropriate, determining the best type of mediator for your case and selecting a mediator, and tips for practitioners on the best ways to provide effective mediation presentations and briefings. The panel will also cover the benefits and detriments of arbitration, arbitration strategies, and the enforceability of arbitration provisions in bankruptcy.