No CLE

This important plenary session will set the stage for the Annual Spring Meeting by discussing the economic, scientific and behavioral influences that will, at least in part, shape the restructuring landscape in the coming year. Led by a major international media organization, the panel discussion will include leaders from key constituent groups in the restructuring arena, including law firms, investment bankers, lenders and other financial leaders. The panelists will focus on macroeconomic predictions for 2021, industry expectations and risks, and how the COVID-19 pandemic and vaccines will impact the economy in 2021 and beyond.

This panel will address how we deal with the new crop of corporate zombies that have been emerging as a result of the influx of debt to balance sheets during the pandemic. What tools are available to address this phenomenon? When will the Fed’s credit-tightening or other regulatory requirements force regulated lenders and borrowers to address these issues? How will nonbank lenders react? Finally, how will the Main Street Lending Program (and the Fed’s role as lender) play into this discussion?

While some of us choose to live in denial, the Federal Rules of Evidence are not optional, as they represent one of the foundational pillars of any successful insolvency practice. This program will explore some of the more complex evidentiary issues confronted by insolvency professionals. The program is designed to provide an interactive format through discussion, debate, polling, and ultimately, observations from the Oracle of Evidence herself.

This session will focus on some of the key ethics issues that confront professionals practicing in the bankruptcy field, and offer potential solutions on how to avoid getting caught in these traps. The panelists will present these issues in an interactive format so that the audience can participate and test their knowledge.

For many distressed businesses, factoring loans — where third-party companies provide advances on invoices due — can be lifelines. This session will discuss this trending topic, as well as the dischargeability of nonpriority taxes for late-filed tax returns, and cryptocurrency.

For many distressed businesses, factoring loans — where third-party companies provide advances on invoices due — can be lifelines. This session will discuss this trending topic, as well as the dischargeability of nonpriority taxes for late-filed tax returns, and cryptocurrency.

This panel will discuss financing orders, milestones and other case management through the DIP facility. What should be allowed for case management by secured creditors via DIP-financing and/or cash-collateral orders, including the case milestones? What terms are and should be acceptable in first-day cash-collateral and DIP-financing orders (Aegean) — too much control, or simply adequate protection? What does it take for a third party to prime? This session will also focus on structural priming, including by taking liens on unencumbered foreign assets (Hexion), using DIP financing as a tool to protect pre-petition debt, the use of roll-ups, the ratio of new money to roll-up that is necessary/“market”, justifying a zero-new-money roll-up (EP Energy), providing a secured term loan pre-bankruptcy and using the proceeds as cash collateral, and rolling up pre-filing emergency loans (Westmoreland).

This panel will discuss several threshold issues that should be considered when determining whether you can and should represent a potential debtor client, including (1) whether you can ethically and legally be retained, (2) how you can be compensated for your work, (3) whether your potential client has the requisite corporate authority, and (4) reasons to walk away from an engagement before it’s too late. The panelists will highlight real-life examples and provide best practices and pitfalls to avoid with respect to these issues.

This panel will provide a consumer bankruptcy legal update on significant cases from 2020, and explore what's happened so far in 2021.

This panel will share technology tips, best practices internally and with clients. Also included will be ethical considerations of technology in a practice.