Business

This panel will provide a focused look at critical developments in subchapter V practice, including fair and equitable treatment in plan confirmation, eligibility to file, and the expanding role of subchapter V trustees. The panelists will also address post-confirmation issues such as asset sales, plan defaults, vesting and drafting strategies to manage risks and improve outcomes. Attendees will gain practical insights for navigating subchapter V cases more effectively from start to finish. 

This session will cover pending pertinent U.S. Supreme Court and appellate cases, as well as recently decided cases.

This session will cover recent Supreme Court and Sixth, Seventh and Eighth Circuit cases that you need to know about.

Hosted by the Bankruptcy Litigation and Commercial Fraud Committees. This interactive session will take a practical approach to exploring best practices in bankruptcy litigation, with a particular emphasis on fraud-related claims. Using hypothetical fact patterns, the panelists will guide attendees through key phases of contested litigation — from the initial investigation and assessment of potential claims to courtroom strategy and trial execution. Topics will include evaluating causes of action and defenses, drafting effective complaints, managing motion practice and employing persuasive techniques in the courtroom, including opening statements, witness examinations and evidence presentation. Whether dealing with traditional bankruptcy disputes or complex fraud allegations, attendees will gain valuable insights into prosecuting and defending litigation in the bankruptcy context.

Join this accomplished panel of subchapter V trustees, financial advisors and one inquisitive judge as they discuss emerging trends related to the fair-and-equitable standard, including post-confirmation expenses (anticipated and otherwise), fluctuations in income, and other variables in the context of nonconsensual plans. This session emphasizes the critical role of financial advisers and subchapter V trustees with respect to a debtor's projected disposable income, as well as the creative financial alternatives that can be considered to fairly account for post-confirmation uncertainties.

Hosted by the Commercial & Regulatory Law and International Committees. This panel will discuss the fast-changing landscape of crypto regulation across different jurisdictions, and the effects it is having on crypto-focused bankruptcies both here and abroad.

As data privacy concerns grow more urgent, bankruptcy professionals must be prepared to confront the unique challenges that arise when companies holding sensitive consumer data (like genetic information) enter financial distress. This panel will use the high-profile case of 23andMe as a launching point to explore the intersection of data privacy laws and bankruptcy practice. The panelists then will examine the heightened risks and responsibilities for debtors, creditors and trustees handling data-heavy assets in restructuring and liquidation scenarios. 

This panel explores ways in which practitioners are avoiding the direct impact of Purdue by seeking to release only derivative claims. The panelists analyze the direct/derivative distinction more broadly by discussing its impact on what constitutes property of the estate, whether pursuit of a derivative claim violates the stay, and what claims an estate fiduciary has the power to bring under § 544, and discusses the Whittaker, Clark & Daniels decision.

Financial projections often reflect the intent behind their creation, whether for sell-side transactions, buy-side due diligence, bank credit assessments, operational budgets or chapter 11 exit plans. This session will explore how these purposes impact the reasonableness of projections, including the potential for bias and the role of divergent stakeholder perspectives. Insights from company management, investment bankers, private-equity sponsors, creditor advisors, litigation experts and judges will shed light on best practices for evaluating the reliability and objectivity of projections in valuation and solvency analyses.