Business

Hosted by Bankruptcy Litigation & Real Estate Committees Fraud is an ever-present concern in bankruptcy cases, manifesting in various forms from False Claims Act violations to Ponzi schemes. This panel will provide practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context.

This panel will provide an in-depth examination of the claims-allowance process in bankruptcy, focusing on the latest developments and contentious issues that are shaping this critical area of practice. As bankruptcy courts continue to address complex claims-related disputes, understanding the nuances of standing, timing and calculations has become more important than ever for practitioners.

This panel will provide an analysis of Mexico’s economic outlook under the administration of President-Elect Sheinbaum, and will discuss various industries, opportunities and potential distress in relation to U.S. and Mexico cross-border policies.

This panel will discuss the impact of today’s persistently higher-interest-rate environment from several perspectives, including valuation, operational free cash flow and financial flexibility, private equity and M&A transaction activity, and liability management (LME) and restructuring transaction opportunities.

The bankruptcy process requires the management of the bankruptcy estate’s bank accounts, client accounts and business records, in addition to the management and processing of claims, claim distributions, adequate assurance deposit accounts, asset recovery, and many other financial and legal demands. Each one of these is a point of business email compromise (BEC) vulnerability. BEC attacks are the most costly form of cyberfraud for all businesses. This session will focus on best practices to use to protect your clients and yourself from this pervasive fraud. The panelists also will address bankruptcy-specific issues and tactics, with FBI agent discussions regarding the latest threat intelligence and prevention strategies.

Presented by INSOL Europe This panel will discuss the European Commission's proposal for a directive harmonising certain aspects of insolvency law from both the U.S. and U.K. perspective.

This panel will explore the growth of private credit as an established asset class, as well as trends in private credit restructurings. The panelists will explain the private credit market generally, key differences between direct lending and the broadly syndicated market, and the relationship between private credit and private equity. The panelists also will highlight private credit restructuring trends, including the factors that drive success for an out-of-court restructuring, and will spotlight some tools in the private credit restructuring toolbox.

Insurance carriers are now permitted to participate in the plan-confirmation process, even when a plan is “insurance neutral.” How do recent Supreme Court rulings change the confirmation process, or will the Bankruptcy Code permit debtors to alter the rights of insurance carriers over their objection of insurance and bind them to the terms of the plan? Finally, there are no circuit splits, no nonconsensual third-party releases under a plan — or is the issue still unsettled when the plan “pays claims in full,” and what does it mean to “consent” to a release? Opt-in, opt-out, negative notice: What works? This panel will provide an overview of the U.S. Supreme Court’s decisions in Truck Insurance Exchange v. Kaiser Gypsum Co. Inc., et al. and Harrington v. Purdue Pharma L.P., et al. and how they impact a debtor’s ability to confirm a plan. The panelists will discuss how debtors and insurance carriers will need to work to address their competing needs. The panelists also will discuss how debtors will address mass-tort bankruptcies without the third-party-release tool or workarounds, and will look to the case law and confirmed plans in circuits where nonconsensual releases are not permitted.