No CLE

In Partnership with Epiq Bankruptcy Analytics Year-over-year bankruptcy filings continued to show solid increases across most chapters throughout 2023. Join ABI and statistical partner Epiq Bankruptcy Analytics for this special abiLIVE webinar, which will examine the consumer and business filing trends that emerged in 2023, how 2023's filings compare among different stakeholders and regions of the U.S., and whether these trends will continue into 2024.

Hosted by ABI's Asset Sales Committee The recipients of ABI's 2023 Asset Sale of the Year award will discuss the company's threatened suspension by the California Medi-Cal program and the execution of a strategy that initially had led to court orders stopping the suspension, then later culminated in the sale of assets. Hear specifically how Borrego's professionals navigated complex health care, regulatory and bankruptcy issues, which ultimately resulted in a settlement and sale that ensured the continuation of high-quality, culturally competent care to Borrego's patients and a substantial recovery for creditors.

Hosted by ABI's Unsecured Trade Creditors Committee This mock mediation, based on the Southern District of New York’s (SDNY's) recent preference decision in The Great Atlantic & Pacific Tea Company, Inc. bankruptcy cases involving McKesson Corp., will demonstrate how plaintiff, defendant and mediator analyze risk and preference exposure when trying to reach a mediated settlement. The SDNY’s decision followed two summary-judgment motions filed by McKesson, but this webinar will assume that this is a pre-summary-judgment mediation. The panelists will discuss the three issues decided by the court: (1) whether McKesson could include paid new value as part of its new value defense (i.e., whether the subsequent advance vs. remains-unpaid approach is appropriate); (2) whether McKesson could set off its § 503(b)(9) claim (i.e., its 20-day claim) against preference liability (i.e., mutuality as to when a § 503(b)(9) claim and preference claim arise); and (3) whether the amounts in McKesson’s § 502(h) claim, which paid invoices for 20-day § 503(b)(9) goods, should be a general unsecured claim that recovers $0, or a higher priority § 503(b)(9) claim, which could theoretically recover 100% if a plan was confirmed, but would recover much less here, as the cases were administratively insolvent and structurally dismissed. A fourth issue that the SDNY implicitly addressed was whether there is improper double-dipping where there is an allowed § 503(b)(9) claim (either paid or reserved for) that a claimant seeks to also include as part of its new value calculations (i.e., Auriga Polymers and, analogously, Friedmans).

Hosted by ABI's Real Estate Committee Commercial real estate continues to be top of mind for restructuring professionals nationwide, as Federal Reserve interest rate policy to curb inflation is impacting values at the same time as rapid changes in supply and demand within several asset classes have taken hold. ABI's Real Estate Committee is honored to host a commercial real estate economic outlook presentation featuring Martin Lavelle, senior business economist with the Federal Reserve Bank of Chicago, to provide important market intelligence. Lavelle’s research topics include construction and real estate, consumer spending, rural economic development and more. He is heavily involved in the formulation of the Chicago Fed’s Beige Book submission by moderating roundtables of key business contacts and regional stakeholders. This program will cover such key questions as which markets appear to be under the greatest pressure, the status of the return-to-office environment and key indicators to watch as this sector evolves, what is going on in other major asset sectors, whether construction prices are subsiding, what the general sense is about the enormous amount of near-term debt maturity in light of market values, and whether there is stress on the community banking system given higher concentrations of real estate lending. The webinar will include time for Q&A.

Hosted by ABI's International Committee This is the second in a series of webinars that will cover key jurisdictions around the globe, focusing on developments you and your clients need to consider when thinking about bankruptcy-type proceedings in foreign jurisdictions. What you don’t know may hurt your clients, and you can’t just assume that the same rules apply as in the U.S. For this second webinar, the panelists will be examining the situation in Brazil, Canada, the Caymans and Mexico.

Hosted by ABI's Consumer Bankruptcy Committee With the climate of COVID-19 in the rearview mirror, the consumer bankruptcy process now largely resembles the normalcy that had been elusive during the pandemic. However, remnants of COVID legislation have influenced escrow accounts of consumer debtors and consequently impacted mortgage creditor proofs of claim. Starting with Regulation X and how to perform an escrow analysis, this presentation will discuss escrow and proofs of claim, post-petition escrow accounting (payment change notices under Bankruptcy Rule 3002.1(b)), and the effects of the CARES Act on the treatment of escrow in chapter 13 proceedings.

In Partnership with Epiq Year-over-year bankruptcy filings continued to show double-digit increases across nearly all chapters for the first six months of 2024. Join ABI and statistical partner Epiq Bankruptcy Analytics for a special abiLIVE webinar featuring experts who will break down the consumer and business filing trends that emerged in the first half of 2024, and offer their predictions on what might unfold over the remainder of the year.

Hosted by ABI's Real Estate Committee The hospitality sector is one of the commercial real estate asset classes that has endured profound changes since the pandemic, both positive and negative. Pent-up demand for travel, flexible work schedules and strong consumer spending are driving demand in some sectors, while remote work has fundamentally changed business travel, which is straining occupancy and profits at properties that historically have relied on this steady stream of business. There are significant pockets of distress among hotel owners, particularly those facing maturing mortgage loans at a time of higher borrowing costs and more stringent lender underwriting requirements. This is against a backdrop of slowing hotel industry revenue growth, sticky inflationary pressures on labor and operating expenses, and sharp increases in property insurance costs. ABI's Real Estate Committee is pleased to provide this opportunity to dive into the hospitality sector with 45-year industry veteran Frank Nardozza, chairman and CEO of REH Capital Partners, LLC, a national investment and advisory services firm focused on hospitality investment, finance and consulting. He previously served as the National and Global Real Estate and Hospitality Consulting Practice Leader for KPMG. The program will conclude with a live question-and-answer session.

Hosted by ABI's Commercial and Regulatory Law Committee This panel of bankruptcy practitioners will discuss all facets of merchant cash advance (MCA) funding, its history, and its interplay with bankruptcy. The panelists will provide different perspectives — MCA company, debtor and subchapter V trustee — on the legal implications of merchant cash advances in chapter 11 bankruptcy proceedings, as well as practical solutions for dealing with MCAs in chapter 11 cases.

Hosted by ABI's Bankruptcy Litigation Committee It’s been six years since ABI released the Second Edition of ABI's Quick Evidence Handbook. Join us for a reunion of some of the handbook’s authors to discuss developments in evidence law, and how issues discussed in the handbook have played out in practice.