Business

This panel will examine conflicts of laws in cross‑border insolvency, focusing on U.S. standing rules versus foreign recovery statutes, offshore jurisdictional reach, and choice‑of‑law challenges. It will also provide practical strategies for planning around these issues to mitigate risk and achieve enforceable outcomes.

This panel provides an overview of the procedures of obtaining and challenging a corporate debtor’s authority to file. The panelists explore the strategies associated with navigating filing decisions for businesses with complex business structures and provide practical insights into make such decisions. This panel also examines case law trends and developments associated with corporate filing authority and challenges thereto.Learning Objectives:Attendees will understand the legal requirements for establishing bankruptcy filing authority within complex ownership and governance structures.Attendees will analyze common disputes involving corporate authority, organizational documents and stakeholder consent rights.Attendees will evaluate best practices for identifying and resolving filing-authority issues before and during bankruptcy proceedings.

This panel will explore recent developments affecting chapter 11 plan confirmation issues, including the evolving standards for consensual releases, gatekeeper provisions, and insights from the ConvergeOne decision. The panelists will also examine the impact of market uncertainty on business projections and analyze chapter 11 plan implications arising from pre-petition liability-management exercises (LMEs).Learning ObjectivesAttendees will understand recent developments in Chapter 11 plan confirmation, including evolving standards for consensual releases, gatekeeper provisions, and key rulings such as ConvergeOne.Attendees will examine the impact of prepetition liability management exercises (LMEs) and market uncertainty on plan structure and business projections.Attendees will analyze practical implications of confirmation-related issues for structuring and negotiating Chapter 11 plans.

This panel explores how theft by contractor claims intersects with nondischargeability actions, including fiduciary defalcation and fraud theories.Learning Objectives:Attendees will analyze theft by contractor claims in the construction context and assess how such claims give rise to nondischargeability litigation under the Bankruptcy Code.Attendees will evaluate the legal standards applicable to fiduciary defalcation, fraud, and related causes of action in contractor-debtor disputes.Attendees will examine litigation strategies, evidentiary considerations, and practical advocacy techniques used in prosecuting and defending theft by contractor nondischargeability actions.

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.