Business

This panel will present a lively discussion of key issues decided in business bankruptcy cases throughout the country over the past year.

The relaxation of marijuana statutes in many states may present financial opportunities for investors, with high rates of return and better-paying job opportunities for individuals. As with any emerging industry, consolidation and competition will create winners and losers. Whether investors, landlords, trade vendors and employees involved in the cannabis industry can restructure their debts in bankruptcy court, or even participate in a bankruptcy plan, depends on the extent of their connection to the cannabis industry. This panel will explore recent case law on the subject matter and alternative business-restructuring options when bankruptcy is not available, such as receiverships and assignments for the benefit of creditors. The panel will also address relevant consumer bankruptcy issues, including whether an individual employed in the cannabis industry may utilize chapter 13 to formulate and complete a plan.

Recent developments in offshore law have increased the effectiveness of the tools available to trace and recover assets through the offshore insolvency process. This panel will be conducted in a formal debate style, using the format of first proposition followed by first opposition, then second proposition followed by second opposition. The debates will look at the illegality defense, clawback claims, the dishonesty test and foreign officeholder recognition, among other issues. Each debate will be seven minutes with a four-minute closing, followed by a vote.

This panel will examine the effects thus far of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA), as well as Puerto Rico’s economy, including where it came from, where it is now and where it is going.

This panel will explore the roles, responsibilities, benefits, and liabilities in using independent directors through multi-jurisdictional insolvency proceedings and will discuss using directors strategically throughout the life of a company. The panelists will explain the three typical stages of a company where directors could be instructed — going concern, insolvency, and emergence from a restructuring — then explain the roles and responsibilities at each of these appointments. The session would also overlay the jurisdictional distinctions among various administrative proceedings, including offshore liquidations, U.S. bankruptcy, U.S. receiverships, and common law receiverships. The panelists will offer real-world examples to show the differences and how the role of the director is utilized, as well as what is at stake for them, the company, the creditors and the investors.

This session will highlight particularly interesting case law developments to date in 2019 and their impact on bankruptcy law and practice.

A number of recent high-profile cases have been impacted by credit derivatives (e.g., Hovnanian, Sears, Caesars, iHeart). The panelists discuss how these situations have unfolded and their effects. What pre-filing diligence should a debtor perform in order to be prepared?

Recent high-profile cases have been impacted by credit derivatives (e.g., Hovnanian, Sears, Caesars, iHeart). The panelists will discuss how these situations have unfolded and their effects. What pre-filing diligence should a debtor perform in order to be prepared?

This panel will discuss several leading bankruptcy cases making the headlines, and some of the issues, decisions and challenges unique to those cases.