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Business

Exporting Corporate Bankruptcies

This panel will explore an as-yet-untested question: Can a domestic debtor use the law of another country to effect the restructuring of all or some of its debt, then commence a chapter 15 case and bind U.S. creditors to the terms of that foreign restructuring? Some think that this scenario is inevitable. The panelists will discuss how U.S. and foreign insolvency laws may be utilized by U.S. debtors, and the potential incentives, benefits and risks associated with this type of restructuring.
1 hour 4 minutes 14 seconds

Financial Distress/Good Faith

This panel will discuss the diverging good-faith and bad-faith standards governing dismissal of bankruptcy petitions under § 1112(b)’s “for cause” provision, including for an alleged lack of financial distress in the wake of the Third Circuit’s LTL decision in 2023. The panelists also will discuss post­-LTL efforts to impose a similar standard in the Fourth Circuit in the Bestwall and Aldrich & Murray cases, which thus far have been unsuccessful.

Frank W. Koger Luncheon and Lecture: Evolution of Third-Party Releases

This session is a tribute to Judge Koger and the evolution of 3rd Party Releases from Master Mortgage to Purdue Pharma and the future.

Getting Comfortable with the Uncomfortable

This session will delve into the interaction between physical and cognitive limitations and the practice of law.

Getting to Confirmation: Update on Developments

This session will cover sub rosa plan issues, third-party releases, developments in examiner appointments, de-SPAC bankruptcies and double-dip financing structures.
1 hour 34 minutes 35 seconds