No CLE

This panel will explore how good faith and bad faith are used in the Code and when it matters, how “developed” these notions are in the case law, and balancing the debtor’s right to dismiss when facing a motion to convert for cause under § 1307 for bad faith. The panelists will consider Marrama v. Citizens Bank of Massachusetts and Law v. Siegel, the effect on property of the estate in a converted case under § 348 when converted in “in bad faith,” when a plan is not considered proposed in good faith under § 325, § 707(b)(3) dismissals when there is no presumption of abuse, avoiding a dismissal under § 521 related to document production, and filing a “repeat” debtor in a 7 when a 13 was filed less than six years prior under the “70% claims paid/plan proposed in good faith” exception.

This panel will delve into collateral estoppel, res judicata, judicial estoppel, equitable estoppel and, although jurisdictional, the Rooker-Feldman doctrine.

This panel will compare and contrast the roles of chapter 11 trustees, chapter 7 trustees, CROs and independent directors when a case is fraudulent.

Subchapter V arrived in 2020, offering qualifying individuals a restructuring alternative to standard chapter 11 and chapter 13. So what are consumer bankruptcy lawyers so afraid of?! This panel will review the differences between chapter 13 and subchapter V by looking at eligibility and reporting requirements, estate administration, and the nuanced differences of plan confirmation and discharge in each chapter. The panelists also will compare and contrast chapter 13 and subchapter V trustees, and will use several hypotheticals to highlight how a debtor’s particular circumstances will ultimately determine the choice between a 13 or a V.

This panel will explore industry trends and commonalities between the parallel issues of failing health care systems and debtors bankrupted by medical debt. The panelists will discuss and debate what could happen when these two debtor groups overwhelm the bankruptcy system, the challenges that health care debtors, consumer debtors and insurance payors face today, and how practitioners across various insolvency disciplines involved in these industries can plan for the future with these trends on the horizon.

The first two parts of this three-part webinar series focused on key topics associated with sales that take place in chapter 11 bankruptcies, and addressed executory contract rejection, the role of customers in chapter 11 bankruptcy proceedings, and change of control via a § 363 sale vs. a plan of reorganization. In this third and last session, the panelists will explore the complexities of sales in chapter 11 bankruptcy with a focus on two common methods of selling a business: plans of reorganization and § 363 sales. The panelists will explore the pros and cons of each method from the perspectives of customers, creditors and debtors, and will provide insights into when each should be utilized. Our experts will compare plans of reorganization to § 363 sales, outlining key differences, timelines, the parties involved and the level of court involvement, and will provide guidance on when to choose a plan versus a § 363 sale and the potential impact of each. Attendees will better understand the options available for selling in a chapter 11 bankruptcy, and the factors to consider when choosing between a plan of reorganization and a § 363 sale. Join us to gain insights into the complexities of chapter 11 sales and how to navigate them successfully.

Customers can play a significant role in Chapter 11 bankruptcy proceedings, both in terms of the value they add to (or detract from) the debtor's business and their potential rights as creditors. In this panel discussion, we will explore the role of customers in Chapter 11 bankruptcy proceedings and the impact they can have on the process, including: The importance of maintaining or rejecting customer relationships and the impact that customer behavior can have on the success of the reorganization or sale process; The creditor role of a customer that can arise by virtue of rejection damages, including the roles and rights a customer gains by becoming a creditor; The consent and approval rights that customers may have in the Chapter 11 process and the implications of these rights for both the debtor and potential bidders in the sale process; The impact that a change of ownership can have on customers, the protections they’re afforded, and how both are addressed in Chapter 11 bankruptcy proceedings. This panel discussion will bring together experts in bankruptcy law, customer relationships, and business strategy to provide a comprehensive view of the role of customers in Chapter 11 bankruptcy proceedings. Whether you represent customers, creditors, or are simply interested in learning more about the bankruptcy process, this discussion will provide valuable insights into this complex area of the law.

Topics: Four Legislative Changes for Third-Party Releases “DIP Order Creep”: What Can You Get Now? “Person Aggrieved” and Bankruptcy Appeals State of the Market

Presented in the style of the ever-popular TED Talks, this year’s ABI Talks will focus on four hot topics: the state of the bankruptcy judiciary, Cinemark, civil contempt issues and venue reform.