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Insurance carriers are now permitted to participate in the plan-confirmation process, even when a plan is “insurance neutral.” How do recent Supreme Court rulings change the confirmation process, or will the Bankruptcy Code permit debtors to alter the rights of insurance carriers over their objection of insurance and bind them to the terms of the plan? Finally, there are no circuit splits, no nonconsensual third-party releases under a plan — or is the issue still unsettled when the plan “pays claims in full,” and what does it mean to “consent” to a release? Opt-in, opt-out, negative notice: What works? This panel will provide an overview of the U.S. Supreme Court’s decisions in Truck Insurance Exchange v. Kaiser Gypsum Co. Inc., et al. and Harrington v. Purdue Pharma L.P., et al. and how they impact a debtor’s ability to confirm a plan. The panelists will discuss how debtors and insurance carriers will need to work to address their competing needs. The panelists also will discuss how debtors will address mass-tort bankruptcies without the third-party-release tool or workarounds, and will look to the case law and confirmed plans in circuits where nonconsensual releases are not permitted.

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

In this session, trustees of all types — chapter 7, subchapter V, chapter 12 and chapter 13, together with an attorney for court-appointed fiduciaries and liquidating trustees — share their perspectives on the commonalities and differences under each chapter. The panelists discuss how to avoid common mistakes and offer tips for success for counsel to debtors and creditors. Is the trustee a friend or foe? What if a case converts from one chapter to another? Can a subchapter V trustee act as a mediator? What happens if a trustee suspects fraud? Do trustees have any discretionary powers? Join us and find out!

This panel helps attendees avoid the landmines of a franchisee chapter 11 filing and better understand the current law on leasehold issues, critical vendor considerations, pre-petition termination of franchise agreements and a potpourri of pointers from multiple perspectives. The session also includes a hypothetical with practical solutions and considerations based on recent cases (published and nonpublished opinions) to the hypothetical.

This panel will present an overview of the statutory groundwork for, methodology for pursuing, and latest case law on avoidance action claims, including the impact of Purdue Pharma on the sale of these claims.

This panel explores all things evidence (well, not all), including fundamentals like presumptions, privileges and burdens of proof; often overlooked and underappreciated methods of presentation, such as summaries; practical pointers, such as how to value assets on the cheap; and emerging issues involving spotting and defending against “fake” evidence. The panelists will present a variety of perspectives from academia, the bench and the bar, all focused on providing practical advice on how best to prove your case (and maybe just a little about how to disprove the opposition).

Sponsored by ABI's Real Estate Committee The commercial real estate economy has weathered back-to-back storms: a global pandemic, which brought swift changes in demand across asset classes and geographic markets, and aggressive Federal Reserve actions to curb inflation with rate hikes, which have finally begun to ease. As we kick off a new year, the ABI Real Estate Committee is presenting a Commercial Real Estate Economic Outlook featuring Brandon Svec, National Director of Analytics for CoStar Group. Brandon will share his views on where things stand on a macroeconomic level, by property type, and on other forces impacting this sector, enabling ABI members to stay ahead when new real estate matters cross their desks. Plus, he frequently presents on the real estate economy to leading lending, development, acquisition, and brokerage firms across the nation. The program will cover key questions, such as: Which asset classes and which parts of the country are showing elevated distress that could present opportunities for ABI members in the year ahead? Is the change in the demand for office space permanent? What impact might the leadership transition in the White House and Congress have on the real estate economy? *This webinar is no longer approved for CLE credit in WI.

Hosted by ABI's Business Reorganization and Legislation Committees The increased debt limit applicable to subchapter V cases expired in June 2024. This webinar, hosted by ABI's Business Reorganization and Legislation Committees, will examine the effects of the increased debt limit's expiration, where small business debtors and their attorneys can go from here, best practices and potential workarounds, prospects for further congressional action and more.