Business

Hosted by the Business Reorganization and Asset Sales Committees. This panel will examine the strategic use of LMEs in the context of asset sales within restructuring frameworks, such as the role of LMEs in facilitating sales, structuring them as conditions to closing, funding LMEs through sale proceeds, or utilizing asset sales as an exit strategy from LMEs or restructuring plans. The panelists will share their insights on the current trends and practical considerations that are shaping these increasingly sophisticated transactions.

Valuation disputes are a critical tool for junior creditors in chapter 11 cases, but their effectiveness depends on strategic timing and approach. This panel will examine key moments where valuation issues arise, including DIP/priming fights, adequate protection and financings with equity rights. Topics will include timing considerations such as access to valuation data, the impact of ongoing sale processes, and cost-benefit analyses. The panelists also will provide insights into how junior creditors can tactically engage in valuation disputes to protect their interests while navigating the complexities of large chapter 11 cases.

Content valuation in the AI era presents unique challenges, as disputes over unauthorized use, such as those raised by The New York Times, highlight the need for innovative solutions. Stakeholders are increasingly turning to settlement and licensing frameworks that retroactively and prospectively value content. This session will address methodologies like the relief-from-royalty and venture capital methods, tackling complex issues of ownership, collateralization and growth projections with practical examples to illuminate these emerging dynamics.

In the aftermath of the Supreme Court’s Purdue Pharma decision, courts and practitioners are navigating new uncertainties around third-party releases in bankruptcy. This panel will examine how courts are distinguishing estate property from third-party claims, the impact on stay provisions and litigation strategy, and the evolving standards for voting mechanisms and plan confirmation in both chapter 11 and chapter 15 cases.

This panel will navigate the evolving landscape of subchapter V bankruptcy with expert insights into strategies that protect your clients’ interests. The panelists will examine critical eligibility requirements — including debt caps, the “engaged in commercial or business activities” standard, and strategic timing considerations — while exploring the unique role of the subchapter V trustee in facilitating reorganization. Discover how recent circuit court splits on corporate discharge exceptions and projected disposable income requirements are reshaping case outcomes. Whether you are new to subchapter V or seeking innovative approaches to common challenges, you’ll gain practical strategies for both debtors and creditors, from pre-filing planning and eligibility pivots to confirmation tactics and § 523 litigation. Learn how to leverage — or defend against — the streamlined procedures that make subchapter V an increasingly attractive option for small business restructurings.

This interactive and informal panel will discuss pathways to promotion, navigating the judicial selection process or preparing for an award or similar application, and how to effectively promote others applying for recognitions or awards. The panelists also will provide tips for harmonizing personal and professional lives.

This panel will discuss the bankruptcy and insolvency processes in the U.S. and abroad, focusing on Mexico and offshore jurisdictions. The panelists will cover such topics as potential surprises for a foreign creditor in a U.S. chapter 11 case, as well as fiduciary duties in jurisdictions such as Delaware, Mexico and the Cayman Islands, and will compare concurso mercantile versus U.S. chapter 11.

This panel will explore the critical issues surrounding plan confirmation under subchapter V. Topics will include the interpretation of “fair and equitable” standards, the role of the subchapter V trustee, the debtor’s obligation to pay disposable income, and the potential for disputes over feasibility and good faith. The discussion also will address recent case law, practical tips for navigating confirmation challenges, and strategies for resolving disputes to achieve a successful plan confirmation. Attendees will gain valuable insights into how to approach confirmation in subchapter V cases, with a focus on practical solutions to common problems and the latest developments in the field. This session is essential for attorneys, trustees and other professionals involved in small business bankruptcies who are looking to deepen their understanding of subchapter V and improve their practice in this evolving area.

This panel will provide an overview and discussion of the current status of the law on subchapter V, including any recent legislation and the ABI Subchapter V Task Force's Final Report. The panelists will cover such key legal issues as eligibility, plan confirmation and other topics, the role of the subchapter V trustee both during the case and after plan confirmation, and important post-confirmation issues such as plan defaults and reporting.