Business

This panel will discuss issues that have arisen in recent cases regarding adequate protection, including the right and wisdom of current cash payments in the form of legal fees for “secured” creditors, how diminution in value claims for different types of assets are determined, how intercreditor agreements may limit junior secured creditors’ rights to demand and receive adequate protection, and the valuation of assets, including assets used in commodity businesses where value can be cyclical.

This panel will explore the reasons why the U.S. is so frequently selected by foreign debtors and will focus on jurisdictional issues, the extent of the automatic stay and the ability to bind non-U.S. creditors. The panelists will examine such recent cases as Abengoa, CHC Group and foreign shipping companies.

This panel will examine the factors considered by debtors and their advisors when determining where to file a large chapter 11 business case, and the occasional efforts to have the case transferred to a venue that is arguably more convenient to creditors, employees and/or shareholders. The panel will also discuss the pending legislation known as the Bankruptcy Venue Reform Act of 2018 (S. 2282) — as well as the arguments both supporting and opposing its passage.

This panel will discuss alternatives to formal bankruptcy, including assignments for the benefit of creditors, abstention of a bankruptcy case under § 305, receiverships, state law dissolution and out-of-court workouts.

This panel will examine splits among the circuits on bankruptcy and bankruptcy-related issues, and will discuss whether the U.S. Supreme Court has granted or will grant certiorari on applications seeking resolution of these circuit splits.

Do some provisions of the Bankruptcy Code seem so out of date and maddening that you want to call your congressional representatives? Our panel of “sharks” will evaluate pitches for legislation to remedy nagging issues in the Code, including implementing restrictions on the appointment of creditors’ committees in chapter 11 cases, tax exemptions for asset sales under § 363, increasing statutory compensation for trustees, the creation of bankruptcy appellate panels in every circuit, and the elimination of debt limits for chapter 13. Come see whether any ideas make the cut!

This panel will discuss issues that have arisen in recent chapter 15 cases, including the several issues presented in the Hanjin Shipping Co. case. The panel will also address how Cayman courts approach applications for assistance by foreign representatives, as well as the factors considered by Cayman courts when Cayman liquidators request authority to seek chapter 11 or chapter 15 relief in the U.S. courts.

Resolved: Third-party litigation financing should be permitted. Pro: Justin Brass Burford Capital LLC; New York Con: John H. Beisner Skadden, Arps, Slate, Meagher & Flom, LLP Resolved: Inquiry notice should play a role in the good-faith transferee defense. Pro: Catherine L. Steege Jenner & Block LLP; Chicago Con: Philip D. Anker WilmerHale; New York Resolved: Wrongly decided cases Like Dewsnup should be overturned by the Supreme Court. Pro: Prof. Ilya Somin Antonin Scalia Law School, George Mason University; Arlington, Va. Con: Prof. Bruce A. Markell Northwestern University School of Law; Chicago

The panel will address the pros and cons of a 363 sale, essential provisions to include in your bidding procedures and hot topics in 363 sales including credit bidding, reopening an auction, consigned goods, sale of customer information and successor liability.