Business

This session will focus on the unique challenges presented by distressed private investment funds, with an emphasis on identifying fraud risk and managing funds approaching the end of their lifecycle. The panelists will discuss common fraud red flags encountered in distressed fund scenarios and the practical steps professionals can take to investigate, mitigate and respond to those risks. The panel also will explore strategies for handling “end of life” funds, including wind-down considerations, stakeholder communications and regulatory issues. Particular attention will be paid to Cayman Islands’ segregated portfolio company (SPC) structures, highlighting structural complexities and best practices for insolvency, restructuring and recovery efforts.

This panel presents an insightful and candid discussion with esteemed bankruptcy judges as they address the most pressing and debated issues currently shaping the bankruptcy landscape. From emerging trends in subchapter V cases to the evolving standards for good faith filings, this interactive session provides attendees with a unique opportunity to hear directly from the bench. Whether you’re a seasoned practitioner or new to the field, you'll gain valuable perspectives on how courts are interpreting today’s most complex challenges — and what they can mean for your practice.Learning Objectives:Attendees will analyze recent trends and significant rulings in bankruptcy law by understanding how judges interpret and apply key principles in real-world cases.Attendees will gain practical insights from the bench on how judges approach complex or novel issues, enhancing strategic thinking for case planning and litigation.Attendees will identify emerging topics and challenges in bankruptcy practice through discussion of current developments and potential future directions in the field.

Subprime lending is showing signs of strain — especially in the auto sector, where recent lender failures highlight growing vulnerabilities. This panel examines what’s driving stress in subprime auto lending, the implications for the broader credit market, and risks in areas like merchant cash advance (MCA) financing. Attendees gain insights into emerging cracks in the market and what they may signal for the economic outlook.Learning Objectives:Attendees will identify the market forces and operational challenges contributing to distress in the subprime lending sector, with a focus on subprime auto finance.Attendees will analyze the impact of lender failures, rising defaults and tightening credit conditions on borrowers, lenders and the broader credit markets.Attendees will evaluate emerging risks in related financing sectors, including merchant cash advance (MCA) lending, and assess what these developments may signal for future restructuring activity and economic conditions.

What do you do when your client comes to you in an emergency, and what is and is not an emergency for the purpose of first-day motions? How do you prepare for a bankruptcy filing with virtually no time to spare? How do you stabilize operations through a short transition, and what do you do if there is an out-of-the-gate motion to dismiss for bad faith? This panel will aim to help you keep your calm in a crisis so that your efforts culminate in a successful case.Learning Objectives:Attendees will recognize common crisis scenarios that arise immediately before and after a bankruptcy filing and distinguish true emergencies requiring first-day relief.Attendees will develop strategies for rapidly preparing a bankruptcy filing and first-day motions when time and information are limited.Attendees will examine practical approaches for stabilizing operations and responding to early case challenges, including motions to dismiss for alleged bad faith.

This panel will discuss recent trends and issues in cross-border cases, including the impact of the Supreme Court’s ruling in Purdue Pharma, the continuing trend of foreign airlines reorganizing in the U.S., how updates to foreign insolvency systems have made restructuring outside the U.S. a more regular occurrence for multinational companies, and creative uses for chapter 15 when a plenary chapter 11 proceeding is not available or advisable.Learning ObjectivesAttendees will understand current developments in cross-border restructuring, including Chapter 11 and Chapter 15 filings involving foreign entities and U.S. companies restructuring abroad.Attendees will examine emerging and novel uses of Chapter 15, including strategies addressing third-party releases, cannabis-related restructurings, and involuntary proceedings against foreign debtors.Attendees will analyze practical and strategic issues in international insolvency proceedings, including jurisdictional challenges and coordination across legal systems.

The crypto crash of 2022 resulted in multiple chapter 11 cases, yielded both substantial losses and unexpected recoveries for market participants, and created an array of legal precedents in an area where none previously existed. With markets in turmoil, could another crash lie ahead? This panel will look back at key issues in the 2022 wave of cases, and will speculate as to how those and related issues might play out in the next wave of cryptocurrency filings against the backdrop of market, regulatory and legislative developments.Learning Objectives:Revisit and reevaluate how key insolvency issues were addressed and resolved in the wave of cryptocurrency chapter 11 cases that commenced in 2022.Evaluate how the crypto world is changing, both on the business/financial and legal side. New players and evolving expectations will be discussed.Engage in informed speculation as to how the same set of issues might be addressed/resolved in future cryptocurrency chapter 11 cases, particularly in light of recently enacted and pending legislation and regulation.

A prospective client tells you that they need to file bankruptcy. This panel will help you navigate all the basic decision-making processes that you might need to consider, including alternatives, when to get a financial advisor involved, why you might pick a workout instead, and when to file and not forbear.Learning Objectives:Identify alternatives to bankruptcy and understand when those options may be more appropriate for a client.Evaluate a client's financial circumstances to determine whether bankruptcy or a non-bankruptcy workout strategy is the most effective path forward.Recognize when to involve outside professionals — such as financial advisors or restructuring specialists — and how their expertise can inform the decision-making process."

Higher education institutions face distinct challenges when financial trouble hits — from governance structures to accreditation concerns to the impact on students and faculty. This panel covers the early warning signs of distress, key restructuring alternatives, and the fiduciary duties a governing body faces once an institution is in trouble.Learning Objectives:Attendees will identify the unique legal, regulatory, and accreditation-related challenges facing distressed higher education institutions.Attendees will evaluate restructuring and wind-down strategies tailored to colleges and universities, including considerations specific to students, faculty, and other stakeholders.Attendees will recognize recent trends and case studies shaping the treatment of distress in the higher education sector.

This panel will explore strategies and pitfalls in distressed lease and asset sales, both in and out of court. Panelists will address key issues in negotiating lease workouts and structuring asset sales, highlighting how tactics shift depending on asset class. Discussion will cover recent trends, including repeat bankruptcies and the rise of lease-only and stand-alone asset sales, with practical insights for stakeholders navigating today’s restructuring challenges.Learning Objectives:Attendees will learn to:Draft and negotiate lease workout agreements and structure asset sales in both in-court and out-of-court distressed scenarios.Distinguish between tactical approaches for different asset classes and identify common pitfalls in distressed lease and asset sale transactions.Analyze emerging trends, including repeat bankruptcy filings, lease-only sales, and stand-alone asset dispositions, to develop effective stakeholder strategies.

This panel will address the expectations for professionalism and civility in the conduct of litigation in and out of court, examining the different perspectives of the U.S., U.K. and Colombia in regards to their respective ethics rules and cultural frameworks.