No CLE

This panel will engage in a robust discussion and examination of various oversight roles in the restructuring process, based on the panelists' numerous viewpoints.

Join Judge Michelle Harner as she talks with recently appointed Director Twomey about the priorities of the U.S. Trustee Program in 2024 and beyond.

The public should expect, if not demand, that judges and professionals alike strictly adhere to the ethical codes and rules that serve to promote and protect the integrity of the courts and the legal system as a whole. This highly respected panel consisting of sitting judges and an expert in bankruptcy ethics will explore issues of judicial and professional transparency, disclosure, conflicts, the duty to report improper conduct, and the means by which to do so.

In April 2023, ABI created the Subchapter V Task Force, which was charged with reviewing the implementation and administration of subchapter V. After almost a year of study and public hearings, the task force has issued its report and recommendations, which include statutory changes. This session will discuss the task force’s report and recommendations.

This panel will explore best practices for getting your case from the initial consult stage to final judgment on the merits by presenting a hypothetical fraud scenario with multiple interested parties. This must-do skills workshop is for anyone focused on litigation in bankruptcy court.

Bankruptcy courts are courts of limited jurisdiction. Given that parties can neither waive nor consent to subject-matter jurisdiction, this panel will explore the limits of 28 U.S.C. § 1334 and the effectiveness of the retention of jurisdiction provisions in sale orders and confirmation orders. The panelists will discuss recent decisions on the scope of “arising under,” “arising in” and “related to” jurisdiction. The panel also will delve into whether, and to what extent, bankruptcy courts automatically have jurisdiction to interpret and enforce their own orders, including whether that jurisdiction diminishes over time. Finally, the panelists will discuss mandatory and permissive abstention and the parallel proceeding rule.

With the increasing role of private capital (debt and/or equity) in health care businesses, from hospitals to specialty practices, the financial pressures, challenging payor reimbursement rates and regulatory environment have led to a growing number of restructurings and bankruptcies in this sector. This highly experienced panel of bankruptcy attorneys and financial advisors will discuss the critical issues involved in health care insolvency proceedings, including private-equity ownership and use of private capital on restructuring strategies, regulatory and compliance challenges, patient care considerations, and the role of the courts in balancing financial recovery with public health concerns. The discussion also will cover recent case studies, highlighting the lessons learned and best practices for managing these complex cases.

This panel will address current trends in private credit restructurings, including the types of companies and industries that are most affected. The panelists also will explain the role of private equity and hedge funds in private credit restructurings, as well as the potential impact on stakeholders, and will analyze the legal and regulatory landscape for private credit restructurings, and the challenges associated with navigating this landscape.