Business

This panel will discuss considerations for engaging nonattorney professionals in distressed situations, particularly the importance of involving nonattorney professionals early in the process, how they can help in advance of a chapter 11 filing, how they can advise on alternatives to a chapter 11 filing, communications between counsel and nonattorney professionals, and issues surrounding the engagement of nonattorney professionals once a chapter 11 case commences. This session will be conducted in an open-discussion format, and participation is strongly encouraged!

This panel will examine the recent rise and possible fall of the Texas Two-Step, with a focus on the recent LTL and Aero decisions, as well as a discussion on good faith as a necessary aspect of a chapter 11 filing.

This session will be divided into three 25-minute mini-panels, with each segment featuring two industry experts from the automotive, real estate and skilled nursing/senior care industries, respectively. The panelists will highlight the latest hurdles these often unpredictable businesses face in a volatile post-COVID-19 economy, including the effects of inflation, ongoing staffing and supply chain issues, potential liquidity crunches and other challenges.

This panel will focus on cross-border financial crime in a restructuring setting, including FCPA or sanctions violations, valuation fraud and money laundering.

This panel will discuss what liquidation expenses are; proofs-of-debts costs; submission, adjudication and appeals; creditor committee costs; trusts; liquidators as trustees (Berkeley Applegate); and liquidating trusts.

This session will cover several confirmation hot topics, including the allowance of mass tort issues, equity-linked DIP facilities, Purdue and third-party releases, exclusivity, mootness, good faith and other confirmation issues.

This session will discuss the broader policy debate on the usefulness, functionality and policy issues of examiners and trustees in chapter 11. ➤ Bankruptcy examiners drive up the cost of the bankruptcy process and generally do not deliver benefits that justify their expense and distraction. ➤ Bankruptcy examiners play an important role in ensuring the integrity of the bankruptcy process and should be appointed more regularly. ➤ Typically, it should be the role of an official committee, rather than an examiner, to investigate estate causes of action in circumstances that implicate the debtor’s insiders such that the debtor is conflicted.

Judicial Debate: Tough Issues in Subchapter V Cases Past Presidents Debate: The Efficacy of Third Party Releases