Business

This session will discuss the implications of this Supreme Court decision, whether gifting is over, alternative avenues of distributions outside of a plan (e.g., pursuant to DIP order, Short Bark), and remand issues in Jevic.

In recent history, nuclear and coal power have been under attack while gas and renewables have been thriving. Has that now changed? Disruptions to this industry, and the related bankruptcies, seem to be one of the few certainties. Join our experts as they discuss the future power-industry issues that you are likely to encounter.

Join notable experts as they dive into royalty interests: real property or contract interest?, abandonment and environmental liabilities, the Uniform Assignment of Rents Act, are foreclosure sale purchases protected from avoidance under § 547?, circuit split: application of anti-modification clause to mixed-use properties, § 363(h): an oft-forgotten-yet-powerful tool for co-owners of commercial real estate, in the absence of default, are landlords entitled to attorneys’ fees as cure costs upon lease assumption and assignment?, the meaning of “surrendering” real property under § 521, does termination of a lease constitute a “transfer” under 11 U.S.C. §§ 547 and 548?, and adequate-protection issues.

"Hosted by the Ethics & Professional Development and Real Estate Committees The panel discussion will focus on scenarios grounded in real estate and ethics, including ethical issues surrounding initial interviews and conflict checks, ethically pursuing cases posing potential good-/bad-faith issues due to cannabis-related uses of real property, whether “zealous representation” is still a guiding principle, whether one may ethically use internet “information” as a litigant and judge, and how to appropriately raise potential judicial misconduct."

All types of hospitals — from acute care to highly specialized — are experiencing financial challenges. This is especially true for rural and nonprofit hospitals, which often rely heavily on slower and lower payments from Medicare and Medicaid. Often the best (or only) solution for a distressed hospital is a sale to a larger hospital operator or system. This panel will examine the unique challenges facing buyers and sellers in connection with such distressed hospital sales.

The restaurant industry, particularly the fast food and fast casual sectors, is under pressure from rising food and labor costs, the changing dining habits of millennials, and decreased foot traffic at retail shopping centers. This panel will examine those trends and explore potential strategies to maximize enterprise value, both in and out of bankruptcy court.

This panel will discuss strategies and key topics involving the restructuring or liquidation of retail operations. The panelists will address landlord issues and claims, as well as the interplay of §§ 363 and 365, among numerous related matters.

This panel will provide an overview of rights offerings and issues that frequently arise, including limitations under the securities laws as to which creditors can participate, what happens to those creditors who cannot participate, what is a backstop party, who has the right to participate in the backstop, how backstop parties are compensated, and the limitations on the use of § 1145 in connection with rights offerings and any securities subscribed for in rights offerings.

This panel will cover unique bankruptcy issues affecting unincorporated debtors, including general and limited partnerships, limited liability companies and trusts. Beginning with issues of eligibility and authorization to file a petition, the panelists will cover questions that arise throughout the life of a bankruptcy case, including executory contracts, fiduciary-duty disputes, sales and pledges of ownership interests, and control over these noncorporate entities.

This panel will discuss how case law since Lehman has both narrowed and expanded the various safe harbor provisions contained in the Bankruptcy Code.