No CLE

It is expected that a significant amount of activity in the next 18 months will consist of out-of-court restructurings, with a smaller proportion being chapter 11 bankruptcies.  Experts in restructuring estimate that out-of-court restructurings will comprise between 70% and 75% of the workout “transactions” made over the next year and a half. This panel will delve into what we can expect to see in the near future.

This panel will provide an in-depth review and analysis of chapter 13 pre- and post-confirmation issues, pitfalls, and practice tips to fully equip consumer practitioners with the tools they need to face any issues that may arise.

For many reasons, distressed commercial real estate appears to be a part of the foreseeable corporate landscape. As businesses wrestle with back-to-the-office issues and retail bankruptcies, the market is bracing for an influx of tenants and landlords struggling with increased interest rates and property owners addressing debt maturities with an often-shrinking tenant base. This panel will help attendees navigate the effects of these issues, and what they could mean for investors and restructuring professionals, by presenting the perspectives of landlords, debtors, committees and lenders, as well as the bench.

Commercial real estate continues to be affected by the modification in work culture brought on by COVID-19 restritctions. The market is bracing for a record amount of maturing loans, boosting the prospect of a surge in defaults as property owners are forced to refinance empty or nearly empty office spaces at higher rates. This panel will address the impact of these issues and what they may mean for investors and restructuring professionals.

With a sluggish return to office, a looming maturity wall and a challenging refinancing environment, distress in commercial real estate looks to be here to stay for the foreseeable future. This panel will help attendees navigate this complex environment while offering diverse perspectives representing landlords, debtors, committees and lenders, as well as from the bench.

This panel will bring attendees up to speed on Zoom § 341s and best practices, as well as recent and important changes to chapter 13 administrative orders and forms, and will explore trends and tips for handling merchant cash advance (MCA) issues in consumer cases and mortgage-modification mediations. The panelists also will discuss income-driven repayment plans and highlight the DOJ's latest guidance on discharging student loans.

This panel will help you gain a better perspective on the ways in which corporate directors’ duties morph when a company begins to experience distress. What changes should you be making, through what lens will you analyze past board dealings, and how might you provide revised governance controls to best guide the entity going forward? The panelists will provide their expertise into the pitfalls and practices of governing in the zone of insolvency, and will examine the empirical research regarding outcomes at times like these.

This panel will explore the basics of credit reporting, what to do when errors occur, and how to obtain a potential resolution. As part of this dialogue, the panelists will discuss relevant aspects of the Fair Credit Reporting Act and Fair Debt Collection Practices Act, the discharge injunction, and jurisdictional issues that may impact litigation of these disputes.