Business

This panel will address the most recent developments in preference case law, including with respect to the new value and ordinary course of business defenses, due diligence, evidence, the sale of and liens on preference actions, recent cases at the U.S. Supreme Court, and preference actions in recent mass tort- and crypto-driven bankruptcy cases.

Hosted by the Real Estate Committee. This panel will discuss the financial and legal challenges that continue to confront the real estate market by asset class — including office, hospitality, retail and residential — as well as solutions, bright spots and predictions.

Think you know what evidence makes it into the record — and what gets tossed? This interactive session will present real-world-inspired hypotheticals highlighting evidentiary challenges in chapter 11 cases. From valuation disputes to insider transactions and confirmation battles, you’ll be asked to weigh in: Is it admissible? Is it persuasive? Is it even relevant? Join us as we explore the fine line between proof and puffery in the bankruptcy courtroom. Audience participation is not just encouraged — it’s required!

This panel will update attendees on the latest trends in recent chapter 15 cases and cross-border restructurings, identifying key legal principles, emerging patterns in judicial decision-making, and the broader implications these cases have for international insolvency practices.

This panel discusses cutting-edge issues related to REIT restructurings and financings.

This session will explore the causes, consequences and restructuring trends inherent in health care and retail bankruptcies, with a focus on private-equity involvement, regulatory challenges and operational missteps. The panelists will highlight potential cross-industry themes and relevant case studies.

The restaurant and franchise sectors present unique challenges in chapter 11 restructurings, from complex lease negotiations to brand preservation and franchise agreement compliance. Whether representing debtors, creditors or franchisors, attendees will gain practical insights into navigating the distinctive legal and business hurdles faced by restaurants and franchises in chapter 11. 

This panel helps attendees avoid the landmines of a franchisee chapter 11 filing and better understand the current law on leasehold issues, critical vendor considerations, pre-petition termination of franchise agreements and a potpourri of pointers from multiple perspectives. The session also includes a hypothetical with practical solutions and considerations based on recent cases (published and nonpublished opinions) to the hypothetical.

This panel will provide an update on today’s retail restructuring landscape by discussing hot topics in retail bankruptcy cases, administrative solvency challenges, the “billing vs. accrual” approach in leases (Avianca Holdings), nondebtor releases and injunctions in sale orders, and chapter 15 and sales of U.S. assets “free and clear” (Goli). How far have we come over the years? What out-of-court solutions might work best?

This panel focuses on emerging tools that can be used in auctions and sale processes, including the use of social media and other technology.