No CLE

This panel will explore key bankruptcy litigation issues that are currently the subject of significant interest and debate, including (1) how bankruptcy courts address gerrymandering in the classification context, and how such concerns may arise in connection with liability-management transactions; (2) how debtors may attempt to effect "backdoor" estate releases through sale transactions whereby the buyer of the assets acquires estate claims and causes of action, and whether such attempts invoke concerns of a sub rosa plan; and (3) how the standard of adequate protection should be interpreted when a debtor is using cash collateral to maintain operations as a going concern where the alternative is a potentially value-destructive chapter 7. The panelists also plan to address the jurisdictional split regarding whether the confirmation requirement of an impaired accepting class requires a "per plan" or a "per debtor" approach for multi-debtor plans.

This panel will explore the ways in which companies are increasingly using creative liability-management transactions — such as drop-downs, uptiers and double-dip structures — to restructure debt, often to the detriment of certain creditors. The panelists will outline legal and structural mechanics behind these transactions, illustrate real-world case studies (e.g., J. Crew, Serta, STG), and discuss the evolving litigation landscape and protective covenant strategies.

Roben Farzad is an acclaimed journalist, broadcaster and author known for his sharp insights into the intersection of business and culture. As the host of the popular public radio program "Full Disclosure," he dives into the forces shaping industries, innovation and society.

This presentation will explore how generative AI is transforming the legal profession, including its ability to draft legal documents and marketing materials, and will address the professional, legal and ethical risks it presents. Attendees will gain practical insights on AI’s impact and limitations, as well as how to navigate this evolving technology effectively and responsibly.

This panel discusses the role of the subchapter V trustee, the parallels with mediation, and the meaning of "facilitating the development of a consensual plan."

This panel will consider the impact of President Trump’s policies on corporate restructurings and strategies for advising clients in light of those policies. Specifically, the panelists will analyze executive actions on tariffs, immigration, deregulation and taxes, among others, as well as the impacts of those actions on financings and the distressed investing market. It will discuss whether the potential disruptions resulting from those policies are analogous to past economic disruptions, or whether they are unique.

This panel will provide a general overview of dischargeability litigation under § 523 of the Bankruptcy Code, then delve into advanced litigation strategies derived from the panelists’ personal experiences in representing and adjudicating such matters. Understanding the far-reaching implications of the Supreme Court’s Bartenwerfer decision — allowing nondischargeable conduct to be imputed to debtors under applicable state law — will be the focal point of this panel’s discussion, which will highlight of a number of recent decisions applying Bartenwerfer to various dischargeability claims.