No CLE

Hosted by ABI's Unsecured Trade Creditors Committee This program will be structured as a case study and will delve into the prosecution and defense sides of a recently settled preference case in which the presenters were involved. The parties will engage in a free-flowing discussion of their respective positions folllwing a brief discussion of the underlying bankruptcy cases. In addition to various aspects of the subsequent new value (paid/unpaid, treatment of § 503(b)(9) and critical-vendor payments, etc.) and ordinary-course-of-business defenses (subjective and objective, including purported payment pressure and a bifurcated set of payment terms, etc.) that are at issue in the vast majority of preference cases, the presenters will also discuss less frequently raised defenses/issues, including, but not limited to, the critical vendor defense, and the impact of (1) pre- and post-petition recoupment/setoff rights on a defendant’s § 502(h) claim, and (2) a material unpaid post-administrative claim on the parties’ settlement strategy and related positions.

Sponsored by ABI & INSOL Following up on Part I, hosted by ABI, INSOL and the international committee of the Dutch Restructuring Association, this webinar will discuss the content of relevant restructuring plans under U.S. chapter 11, the English Scheme processes and the Dutch Scheme, with a focus on (the relevance of) valuation reports. The panelists also will discuss the particularities of the content of the relevant restructuring plans for their respective jurisdictions.

It has been more than a year since the new Dutch Act on court-sanctioning of private composition to avoid bankruptcy, the so-called WHOA or Dutch Scheme, entered into force. The new Dutch Scheme has received a lot of attention in the (international) market because it offers a flexible restructuring tool in the Netherlands, a jurisdiction that plays an important role in many international restructurings. Notably, the Dutch Scheme introduced debtor-in-possession proceedings, which aim to achieve debt-restructurings outside of formal Dutch bankruptcy processes. Join this panel of experts as they take a look at the Dutch Scheme and the similarities it has to U.S. chapter 11 and English scheme processes, and whether these similarities can also be seen in practice.

Sponsored by ABI's Real Estate Committee Agriculture is the original real estate-based business. Combined with its related industries, the agriculture sector accounts for 19.7 million jobs in the U.S., according to the Department of Agriculture. This vast industry is comprised of multinational corporations and independent family farmers, which are all prone to risks from unpredictable factors ranging from the weather to commodity pricing and trade policy. These variables can lead to distressed situations where restructuring professionals can add value, but they first need to learn the basics of the industry from a business and legal standpoint, particularly chapter 12 bankruptcy — one of the most powerful chapters in the Bankruptcy Code. This program will focus on these issues to prepare attorneys, financial advisors and other professionals for future restructuring assignments in this unique space.

Survey the landscape of filing trends through the first half of 2022 (Jan. 1-June 30), and gain an informed statistical perspective of what could happen next in bankruptcy, with this panel of key experts, who will be utilizing data provided by Epiq Bankruptcy Analytics.

Sponsored by ABI's Commercial and Regulatory Law Committee This panel of experts will discuss the implications for and obligations of attorneys representing companies in chapter 11 when a security incident/data privacy event happens.

Sponsored by ABI's Real Estate Committee Commercial real estate continues to be a sector to watch as we navigate the post-COVID recovery period, which has thus far featured high inflation, rising interest rates, work-from-home preferences and other changes in consumer behavior. This panel of seasoned real estate attorneys and advisors will provide an update on where things stand across all of the key asset classes, including office, retail, industrial, multi-family and hospitality, as the important summer season winds down, in order to arm practitioners with important insights as we head into 2022's fourth quarter.

Sponsored by Delaware Trust, a CSC Company Cross-border restructurings involve a wide range of complex processes across jurisdictions. This webinar will address recent developments impacting formal and informal debt-restructuring procedures in the U.S. and Europe, practical issues for lawyers advising on cross-border debt-restructurings, key legal strategies regarding a cross-border debt-restructuring, and the role of management and directors involved in a restructuring exercise. Specifically, the panelists will delve into: the main challenges facing companies involved in cross-border restructurings and bankruptcy proceedings; the key legal and regulatory developments that will affect cross-border restructurings and insolvencies going forward; strategies for navigating the multiple legal systems and cultural differences that companies may face; and how multijurisdictional companies can prepare for cross-border restructurings and bankruptcy proceedings.

Sponsored by the Secured Credit Committee This webinar will delve into issues involving digital accounts, cryptocurrency and NFTs, including how to get secured and perfected, how to liquidate, and bankruptcy-specific considerations. The panelists also will discuss UCC Article 12 and its impact on the digital-asset world for secured parties. The presentation will help practitioners better understand the considerations and issues they should be spotting when advising their constituents on dealing with digital assets.

Sponsored by ABI's Financial Advisors and Investment Banking Committee Although the COVID-19 emergency has battered many industries, it did not mark the beginning of what is currently besieging colleges and universities; issues have been brewing beneath the surface of these proud institutions for a long time. The headwinds of shrinking enrollment, increased competiton and downward pressures on tuition are causing many institutions in higher education to address their economic viability. Increasing costs and decreasing revenues are a reciepe for disaster in any business, and colleges and universities are not immune to such challenges, which are further exacerbated by regulatory obligations and academic culture, especally when it involves restructuting smaller institutions. Learn first-hand from experts in the field how colleges and universities can best be restructured.