Business

This panel will discuss the Model Law on Recognition and Enforcement of Insolvency-Related Judgments and the Model Law on Enterprise Group Insolvency. The U.K. has begun an open consultation period on whether to adopt these two model laws as a complement to the Model Law on Cross-Border Insolvency. The planelists will explore the questions presented by the U.K. Insolvency Service, the reasons for enactment, and issues related thereto.

Bankruptcy Judges Elizabeth Brown and Michael Romero will discuss the year’s widest splits and most controversial opinions with ABI Editor-at-Large Bill Rochelle.

The panelists will cover issues common to § 363 sale processes that can help or harm debtors, creditors, bidders and other parties in interest, including notice, whether covenants really run with the land (§ 363(f)), selling overencumbered property, structured dismissals after Jevic, and venue considerations and recent developments.

This panel will explore various perspectives on the so-called “Texas Two-Step” bankruptcy technique, including whether it’s something that could (or should) be exported from the U.S.

This panel will cover the various overlapping bankruptcy law and regulatory issues facing the transfer of a health care business, including financing obstacles, license transfers, successor liability, recapturing of Medicare or Medicaid overpayments, attorney general consent procedures, and related governmental issues particular to health care transactions. This practical panel will include tips of the trade for paving the way to a smooth closing and transition.

This panel of experts will discuss and analyze asset-recovery issues in cross-border insolvency situations.

This panel will cover assessing and negotiating a fee structure, how to prepare for the mediation, guiding participants toward making mediation statements useful, and tips for breaking the impasse.

Think you can cross-examine the opposing expert on her/his opinions that have been rejected or criticized in the past? Not so fast. What’s the appropriate premise of value? How many feet from the deathbed does the debtor have to be to adopt a liquidation premise? Does satisfaction of a contractual obligation conclusively establish reasonably equivalent value? Must you also avoid the obligation? What are the ways to establish compliance with industry standards under § 547(c)(2)? Will a fact witness suffice? What do you do when the opposing expert (or your own!) offers an opinion that’s not disclosed in the expert’s report? This panel of experts, litigators and a retiring judge will tackle these common-but-complex evidentiary issues.