No CLE

This panel will update practitioners on recent bankruptcy case law developments through engaging discussions and participant comments.

This panel explores investors' perspectives on acquiring distressed commercial real estate in today's volatile market. The panelists delve into such key challenges as interest rate fluctuations, limited debt availability, economic uncertainty, oversupply and rising material costs. Gain insights from industry experts actively transacting in the current market, and discover their outlooks on the future of distressed real estate.

Featuring the regional judges of the Rocky Mountain Bankruptcy Conference, this session will strive to answer questions you have on current issues.

This plenary will consist of small group huddles with judges and fellow attendees to work through case problems.

Brody Mullins is a Pulitzer Prize-winning investigative reporter and author of The Wolves of K Street: The Secret History of How Big Money Took Over Big Government. A veteran journalist with The Wall Street Journal, he has spent two decades uncovering the intersection of business and politics, exposing scandals that led to landmark reforms. His award-winning reporting has shaped public understanding of corporate influence in Washington, earning him accolades such as the George Polk Award and multiple Everett Dirksen Awards. His work has appeared in The Washington Post, The New York Times, Vanity Fair, Politico and The Atlantic, and he has been featured on Fox News, CNN and MSNBC.

Liability-management exercises (LMEs) have become common transactions in order for financially distressed companies to obtain financing secured by previously encumbered assets. From uptiers, drop-downs, double dips and pari plus transactions, courts have begun to analyze and rule on the enforceability of LMEs and, in certain instances, their limitations. This panel will analyze various examples of recent LMEs and discuss the repercussions of such transactions from both the borrower and lender perspective.

Despite the potential need to reassess liability management exercise (LME) structuring following the Fifth Circuit’s Serta decision, LMEs will continue to proliferate. Questions remain, though: Should we view LMEs as nothing more than free options for sponsors and a rearranging of deck chairs on a sinking ship? Or can they be a force for good, leading to improved enterprise value and corresponding improved returns to all creditors? If so, how can companies maximize the chances of their LME doing so? This panel will address these questions and more.

This panel presents a pragmatic discussion on the varying liens that intrude upon debtors’ lives, and the array of bankruptcy-centric issues and tools that can be effectively utilized to confront those liens.

The attributes of the limited liability company form that are considered favorable by clients and advisers alike can present distinctive challenges in chapter 11. This panel will delve into those challenges and relevant case law developments in the context of a hypothetical transaction. The panelists will provide their valuable insights on relevant current topics and issues, such as the LLC’s authority to file a chapter 11 case, fiduciary duties and duty waivers, derivative standing, and tax implications for LLC stakeholders. Attendees can anticipate receiving actionable analyses to apply in future cases, whether preparing for a chapter 11 case, advising a committee or structuring a transaction.