No CLE

Distressed health care is expected to be a busy practice area in 2017. Uncertainty surrounding the potential full or partial repeal and replacement of the Affordable Care Act will only increase disruption in this ever-changing industry. This panel will examine key issues regarding the intersection of health care and bankruptcy, along with the challenges facing health care providers. Topics will include health care regulatory issues relevant to § 363 sales, issues related to provider agreements, bankruptcy court jurisdiction over disputes with CMS, and potential opportunities for health care providers and distressed investors.

This panel will visit controlling the time and expense of bankruptcy litigation; how bankruptcy’s Code, Rules and process affect the relationship between the parties’ incentives and duties to their constituencies; the continuing viability of unsecured creditors’ committees; claims trading and the increased role of hedge funds in chapter 11 cases; and other topics covered in the Final Report of the ABI Commission to Study the Reform of Chapter 11.

A panel of judges, academics and Supreme Court practitioners will lead a discussion regarding the 2016-17 Supreme Court decisions of note for insolvency practitioners, as well as the high court’s most impactful, interesting or problematic decisions on bankruptcy practice to date. Amendments to Rule 37(e) (in effect since December 2015), as well as courts’ and litigants’ experiences with amended Rule 37(e), will also be discussed.

This panel discussion will concentrate on issues commonly encountered when a closely held business and its individual owners and related businesses have financial problems, including regarding application of the absolute priority rule/new value exception to individual chapter 11 bankruptcies, conflicts, corporate governance, substantive/procedural consolidation and compensation issues

The experts on this panel have current and deep experience in restaurant chapter 11 cases. The panelists will discuss and analyze the various and peculiar restructuring issues related to restaurant chapter 11 cases, and forecast whether this industry will continue to incur financial distress.

This panel will feature a wide-ranging discussion of bankruptcy and other issues affecting the transportation and shipping industries, as well as the current and future financial stresses in the industries. Lessons from the Hanjin Shipping case will also be discussed.

Hosted by the Consumer Bankruptcy and Labor & Employment Committees This panel will feature a discussion of 11 U.S.C. § 525 regarding protection against discriminatory treatment based on bankruptcy status and its interpretation, including the Supreme Court’s NextWave decision. Additionally, the panel will address practical issues faced daily between employers and consumers in bankruptcy, such as the use of corporate credit cards, reimbursement of business expenses, commissions and bonuses as assets, and security clearance.

Is Your Order Final? Appeals from Confirmation Orders; It Just Doesn’t Matter Anymore: Equitable Mootness; Winning the Appeal but Losing the War: Stays Pending Appeal

This panel will explore a review of Health City Cayman Islands and its potential insights for U.S. soaring medical costs, the health care impact of the Zika virus throughout the Caribbean nations, and an update on Puerto Rico’s health care industry and other hot health care insolvency issues.