No CLE

This panel will discuss the three major segments that are ripe to go through distress in the next several years, namely residential care, durable medical equipment, and testing labs/imaging facilities. The panel will also discuss hospital cases (including the sale of nonprofits to for-profits).

Whether it is warrants for junior creditors or equity incentive options for a new management team, derivatives have long played a role in negotiating restructuring outcomes. However, as capital structures have become more complex and stakeholders in distressed companies more sophisticated, derivatives and advanced analytic techniques are playing a larger role in the world of bankrupt and distressed companies. This panel explores theoretical as well as practical issues associated with derivatives and probabilistic methods in a distressed environment, and draws from real-world examples of their increased use in the world of troubled, underperforming and revitalized companies.

Join us to learn whether, when and how to effectively use an expert witness in bankruptcy litigation. Let our panel also show you how to avoid successful motions in limine and disqualification of your expert

How does valuation factor into successful distressed investment strategies? Are valuations for distressed assets and companies increasingly dependent on an assessment of the underlying hard assets of target companies? How does commodity pricing risk factor in? What happens when valuations in general become too rich for firms to generate returns typically sought by distressed investors? Are distressed investors becoming more opportunistic by looking beyond valuation metrics to enhance returns through advocating legal interpretations in underlying credit documents to support enhanced recoveries? Our roundtable will examine these questions and discuss their views on the outlook for distressed investing in 2016 and beyond.

The Tenth Amendment has been construed to require that a municipality in bankruptcy must maintain control over its assets and revenues, but the Bankruptcy Code requires that the municipality establish that its plan of adjustment is in the best interests of creditors and is feasible. This program will address that conflict and a range of other issues relating to valuation that arise in municipal restructuring cases, including valuing assets such as tax revenues streams, as well as such obligations as bond, pension and health care.

John W. Lucas, Moderator Pachulski Stang Ziehl & Jones LLP; San Francisco Judicial Debate Resolved: Structured dismissals of chapter 11 cases must always follow the Bankruptcy Code's priority structure. Pro: Hon. August B. Landis U.S. Bankruptcy Court (D. Nev.); Las Vegas Con: Hon. Deborah L. Thorne U.S. Bankruptcy Court (N.D. Ill.); Chicago Business Debate Resolved, a company deriving income indirectly from marijuana sales that are legal under state law should be eligible for relief under the Bankruptcy Code. Pro: Daniel J. Garfield McAllister Law Office P.C.; Denver Con: Candace C. Carlyon Morris Polich & Purdy LLP; Henderson, Nev. Consumer Debate Resolved: The filing of a Proof of Claim, for a debt on which the statute of limitations has run, is a violation of the FDCPA. Pro: Stephen E. Berken Berken and Associates; Denver Con: Alane A. Becket Becket & Lee, LLP; Malvern, Pa.

The Worker Adjustment and Retraining Notification (WARN) Act can have a substantial impact on the administration and reorganization of a chapter 11 debtor. This panel of chapter 11 and WARN Act experts will discuss the impact that the WARN Act has in a chapter 11 bankruptcy case.