No CLE

This panel will address the latest legislative developments in consumer bankruptcy law, including the new DOJ guidance regarding the hardship discharge of student loans.

As bankruptcy became a reality for many companies during the pandemic, valuation became a key question. In September 2020, Bloomberg commented, “Pinning a dollar value on a bankrupt enterprise is hard in the best of times. During a pandemic, it’s an invitation for a fight.” This session will discuss approaches to valuation in periods of volatility and business disruption, and how courts have dealt with the ensuing disputes.

The panel will discuss the difficulties of enforcing U.S. judgments against foreign assets, the basics of international asset-protection, and U.S. taxpayer traps for the unwary.

With every new technology, there are potential legal and business risks, as well as ethical concerns. This panel will include a discussion of the ethical duties surrounding using third-party vendors.

This panel will provide an overview and discussion of the effects of the COVID-19 pandemic and return-to-office issues, and what impacts they may have on the commercial real estate industry. The panelists will discuss market data and trends, as well as relevant case law on the valuation of commercial real estate in the context of bankruptcy cases. The panel also will review hypothetical scenarios to emphasize key issues that affect the valuation of commercial real estate in a disrupted and uncertain marketplace.

Filing a bankruptcy petition is not always a viable option or the best solution. This panel will explore alternative avenues for distressed companies, including receiverships, assignments for the benefit of creditors and Article 9 foreclosures, as well as when a bankruptcy filing is the most effective tool. Learn what factors should be considered in evaluating the various options and what the benefits and drawbacks of each alternative are.

This panel will explore new uses for traditional entity types and look at other types of Cayman entities and their uses in the Caribbean area and in the U.S. Industry and legal experts will discuss what the entities are and what is being done with them, as well as the bankruptcy/insolvency issues and effects that might exist for segregated portfolio companies (SPCs), special purpose acquisition companies (SPACs), exempted limited partnerships, foundations and limited liability companies (LLCs).

This panel will cover recent pertinent case law, analyze trends in increased district court oversight of bankruptcy courts, and examine the policy considerations for and against both consensual and nonconsensual nondebtor third-party releases, the relevant standards for approval on the merits, the scope of consent (opt-in vs. opt-out), the use of death-trap plan voting to encourage a consensual release, and the question of a bankruptcy court’s power to award them.

This panel will demystify insurance policies, providing participants with practical advice on how to read and understand them. The panelists will also highlight and explain certain key insurance terms and address how bankruptcy can impact insurance coverage.