Business

This panel of experts will examine the effective and proper use of asset-protection vehicles for pre-bankruptcy planning.

Ever have a case dismissed because you overlooked some critical detail? We’ve all been there. This informative session will help guide you through some of the missteps that can scuttle a case right at the finish line.

Most lawyers are schooled on how to litigate and fully understand how to prepare for the courtroom battleground. Mediation, however, is a flexible and relatively informal dispute-resolution process that has become almost a mandatory first step in many common bankruptcy disputes, like preference actions — and it can achieve significant cost-value results for clients. Yet many lawyers make the mistake of either treating mediation as a side show that requires little or no preparation, or using the same preparation methods they use for trial. This session will explore the keys to conducting a successful mediation, from deciding when mediation is appropriate through properly documenting the mediated resolution, with an emphasis on how to prepare both yourself and your client for mediation to maximize its value, regardless of whether an actual settlement is reached. The panelists will include attorneys and judges who often serve as mediators, giving attendees a unique view on the different skills, presentation methodologies and mindsets needed to prepare for mediation vs. litigation.

This panel will discuss where to put your money to work in the industry and the pitfalls to watch for, including cybersecurity issues.

In the past year, ending June 30, 2021, there have been 6,871 number of chapter 11 filings nationwide, and only 149 of them were of health care companies. Is there still distress in the industry, or did the U.S.’s stimulus funding correct the distress?

This panel of legal and business experts will examine the ripple effects of the COVID pandemic on the real estate world, including its impact on office buildings, retail, hospitality and lending. Starting with a brief overview of the market, the panelists will explore the domino effects of the pandemic on tenants, landlords, lenders and investors. What is different about this crisis from previous real estate downturns, and how will (or should) strategies differ? Will we see a wave of SAREs? What exacerbating problems could arise in retail bankruptcies (such as co-tenancy agreements in malls) or hospitality cases (such as franchise and flagging issues)? What opportunities will exist in 363 sales, lease assignments and discounted loans? This lively discussion of legal issues and business strategies promises to make you think of COVID effects in whole new ways.

Hosted by the Business Reorganization and Real Estate Committees Join this panel of experts as they offer their perspectives on the state of the real estate and real estate-based business economy as we reach the six-month point of the post-COVID-19 recovery period. Armed with the benefit of pent-up demand and states and businesses moving to fully reopen over the summer, plus the start of the lucrative holiday shopping season, these proven real estate restructuring professionals will offer their thoughts on the sectors that have weathered the storm and the factors that will enable some borrowers to restructure, while others will be forced to liquidate. Additionally, the panelists will identify which sectors could see storm clouds on the horizon.

Focus on strategy for restructuring/recovery in hard-hit industries and adapting for changes in consumer trends (i.e., movies, concert venues, fast-casual restaurants, mall/retail space, business travel).

Join this session for a discussion on plan vs. statutory impairment (Ultra, PG&E), treatment of third-party releases/plan proponents (Millennium (3d Cir.), SunEdison and other recent S.D.N.Y./Del. Decisions; Emerge and Cloud Peak (Del.)), and classification (Novinda (10th Cir. BAP, litigation claims against a creditor justifies separate classification from other unsecureds)). Should all similarly situated creditors have the right to participate in rights offerings, financings, etc. (PacDrilling, Peabody)? The panelists will also discuss feasibility in light of the return of debtors to bankruptcy (including in the energy and retail space). Are reorganizations being rubber-stamped too easily?

This past year has seen a remarkable number of wide splits and controversial opinions. This panel of experts, moderated by ABI Editor-at-Large Bill Rochelle, will discuss and analyze current notable business and consumer bankruptcy cases.