No CLE

This panel will address recent trends in private credit restructuring.

This panel will explore the basics of privilege and how it is used in bankruptcy litigation. Do members of an LLC have access to privileged info? Do former board members have rights to privileged info? Does a trustee of an individual debtor have rights to the individual debtor's privileged information? Is a trustee required to turn over his/her privileged information to the debtor after it retakes possession? Can mediation privilege be used to cloak an entire bankruptcy case so that all information is immune from discovery from non-mediation parties or its adversaries?

Property valuation is a major issue affecting all real estate asset classes in today’s market, impacting lending and sale transactions, litigation and development transactions. We’ve been here before, but what’s different this time? This panel will address key issues related to valuation, including how far values dropped, and what will drive them up; the assets and asset classes that have been the most impacted by value declines; some of the elements having the biggest impact on values, and why; the techniques most commonly used to value distressed properties in today’s market; and the due diligence best practices for minimizing risks in acquisitions and financing transactions.

In recent years, chapter 11 proceedings have garnered increasing attention from the media and the public in general. With congressional hearings on mass-tort bankruptcies, Texas-Two Steps and venue reform, politicians have sought soundbites about bankruptcy law to drive media coverage. Additionally, high-profile events tied to bankruptcy filings, like the collapse of FTX and other cryptocurrency firms, have drawn the attention of many who otherwise ignore the goings on of bankruptcy courts. This panel will discuss these current public perceptions (and misperceptions) of bankruptcy proceedings and how they affect the day-to-day practices of lawyers and judges.

This panel will analyze three major Supreme Court bankruptcy decisions (Kaiser Gypsum, Purdue Pharma and John Q. Hammons Fall) issued during its 2023-24 term, and the implications of these decisions for pending and future bankruptcy cases.

This panel will discuss ways in which practitioners can deal with the assumption/rejection deadline, rent caps, corporate authorities and other lease issues.

This panel will examine a host of real estate issues, including the intersection of reverse mortgages and bankruptcy, and the rights of heirs when a borrower files for bankruptcy; the distribution of equity in post-petition real estate sales, and how to determine who is entitled to the proceeds; whether, since Toth, the prime rate is the best measure of risk when applying the Till rate for total debt claims in bankruptcy; the classification of conduit payments, and whether direct mortgage payments should be considered part of bankruptcy plan payments; and effective strategies for addressing and resolving mortgage issues to guarantee that debtors achieve a fresh start post-bankruptcy.