Business

A team of ABI “40 Under 40” honorees, in the role of the debtor’s professional advisory team, will present the debtor’s value-maximizing plan of reorganization.

Panelists representing the stakeholders in the case (secured creditors, bondholders, trade, equity) will discuss their strategies to increase their constituents’ respective pieces of the pie.

Stakeholders will discuss how fraudulent-transfer issues and their potential resolutions affect their strategies.

The debtor’s professional advisory team will describe how the plan of reorganization ultimately comes out after negotiations.

This panel will discuss pre-bankruptcy planning in the wake of In re LTL Management. What must you do? What may you do? What are the limits?

This session will discuss recent appellate decisions in the areas of mootness, the solvent-debtor exception, mass torts and tribal immunity.

This panel will provide a review of recent confirmation issues, including reinstatement in a rising-interest-rate environment, cramdown and Till in a rising-interest-rate environment, the entitlement to or apportionment of the increased value of collateral, new versions of pre-disclosure-statement plan-commitment agreements, make-whole obligations as unmatured interest, solvent debtors and creditors’ entitlement to post-petition interest, and the evolution of equitable mootness.

New developments occur regularly in bankruptcy law, and this past year was no different. This session will provide you with an overview of important U.S. Supreme Court decisions that came down in the 2022-23 session that relate to bankruptcy, as well as the recent Purdue Pharma decision from the Second Circuit Court of Appeals. The panelists will review the facts and key holdings of each case, and how they may affect pending and future cases. Discussions will include the nondischargeability of debt due to fraud committed by a partner, the treatment of certain statutes as “jurisdictional” versus preconditions to relief, violations of the Fifth Amendment’s takings clause, whether Indian tribes have sovereign immunity from damages claims for violations of the automatic stay, the allowance of nonconsensual releases of creditors’ direct claims against non-debtors in the Purdue Pharma L.P. chapter 11 plan, and recent developments on the “solvent debtor” exception in chapter 11 cases.