2026

Over the last few years, private equity has made substantial investments in the healthcare industry, and many of those investments have experienced liquidity and operational challenges — with resulting restructuring and bankruptcy activity. This panel considers how the structure, timeline and credit arrangements accompanying private-equity investment in this sector have affected the initiation and resolution of these restructurings and bankruptcies.Learning Objectives:Attendees will identify how private equity investment structures, timelines, and credit arrangements have contributed to liquidity and operational challenges in the healthcare sector.Attendees will analyze how these private equity-driven structures have influenced the initiation and trajectory of restructurings and bankruptcies in healthcare.Attendees will evaluate strategies for addressing the unique challenges of restructuring or resolving distressed, PE-backed healthcare investments.

Each year, the U.S. Supreme Court declines to hear dozens of bankruptcy cases, leaving important legal questions unanswered and lower court rulings in place. This panel examines significant bankruptcy decisions for which certiorari was denied, exploring the unresolved issues they leave behind and the practical impact on bankruptcy practitioners and stakeholders. The panelists discuss how the Supreme Court evaluates petitions for certiorari, the factors that influence whether review is granted, and emerging bankruptcy issues that may be poised for future Supreme Court consideration. Attendees gain insight into developing areas of bankruptcy law and the implications of a Court that often chooses not to weigh in.Learning Objectives:Attendees will understand the criteria and considerations the U.S. Supreme Court uses when deciding whether to grant or deny certiorari in bankruptcy cases.Attendees will examine significant bankruptcy cases in which certiorari was denied and assess the practical implications of those decisions on bankruptcy law and practice.Attendees will identify unresolved bankruptcy law issues and emerging legal questions that may be candidates for future Supreme Court review.

Higher education institutions face distinct challenges when financial trouble hits — from governance structures to accreditation concerns to the impact on students and faculty. This panel covers the early warning signs of distress, key restructuring alternatives, and the fiduciary duties a governing body faces once an institution is in trouble.Learning Objectives:Attendees will identify the unique legal, regulatory, and accreditation-related challenges facing distressed higher education institutions.Attendees will evaluate restructuring and wind-down strategies tailored to colleges and universities, including considerations specific to students, faculty, and other stakeholders.Attendees will recognize recent trends and case studies shaping the treatment of distress in the higher education sector.

As cross-border restructurings continue to grow in complexity, courts are increasingly confronted with questions surrounding a debtor’s center of main interests (COMI) and the appropriate jurisdiction for insolvency proceedings. This panel explores recent chapter 15 decisions and trends affecting COMI determinations, the limits of international forum-shopping, and the practical implications for debtors, creditors and other stakeholders. The panelists also discuss emerging issues and developing case law shaping the future of cross-border insolvency practice.Learning Objectives:Attendees will identify recent Chapter 15 decisions and trends affecting the determination of a debtor's center of main interests (COMI).Attendees will analyze the limits of international forum shopping and their practical implications for debtors, creditors, and other stakeholders in cross-border insolvency proceedings.Attendees will recognize emerging issues and developing case law shaping the future of cross-border insolvency practice.

This panel keeps bankruptcy practitioners current on the substantive and procedural aspects of litigation in both contested matters and adversary proceedings.Learning Objectives:Attendees will identify key substantive and procedural distinctions between contested matters and adversary proceedings in bankruptcy court.Attendees will apply current procedural rules and best practices to effectively litigate claims and disputes within bankruptcy proceedings.Attendees will recognize recent developments in bankruptcy litigation that may impact case strategy and outcomes.

Third-party releases remain one of the most heavily litigated and closely scrutinized issues in bankruptcy practice. This panel examines recent developments shaping the scope and availability of releases for direct and derivative claims against nondebtors, including the evolving legal landscape following recent court decisions. The panelists discuss practical strategies for obtaining approval of third-party releases, alternative deal structures when releases may not be available, and approaches to minimizing liability exposure while maximizing value and recoveries for creditors across a variety of restructuring and liquidation scenarios.Learning Objectives:Attendees will identify the current legal standards governing the scope and availability of third-party releases for direct and derivative claims against non-debtors, including recent court decisions reshaping this area.Attendees will evaluate alternative deal structures and practical strategies for obtaining approval of third-party releases in restructuring and liquidation matters.Attendees will assess approaches for minimizing liability exposure for non-debtor parties while maximizing value and recoveries for creditors.

Subprime lending is showing signs of strain — especially in the auto sector, where recent lender failures highlight growing vulnerabilities. This panel examines what’s driving stress in subprime auto lending, the implications for the broader credit market, and risks in areas like merchant cash advance (MCA) financing. Attendees gain insights into emerging cracks in the market and what they may signal for the economic outlook.Learning Objectives:Attendees will identify the market forces and operational challenges contributing to distress in the subprime lending sector, with a focus on subprime auto finance.Attendees will analyze the impact of lender failures, rising defaults and tightening credit conditions on borrowers, lenders and the broader credit markets.Attendees will evaluate emerging risks in related financing sectors, including merchant cash advance (MCA) lending, and assess what these developments may signal for future restructuring activity and economic conditions.

With more than half of civil cases in many courts involving at least one self-represented party, pro se appearances are now the norm rather than the exception. This panel examines how to navigate these cases effectively — balancing efficiency with fairness, preserving due process, and avoiding the pitfalls of lay practice while ensuring that all parties are heard.Learning Objectives:Attendees will identify the unique procedural and practical challenges presented by self-represented litigants in bankruptcy and other civil proceedings.Attendees will analyze strategies for balancing judicial efficiency, fairness and due process when managing cases involving pro se parties.Attendees will apply best practices for communicating with self-represented litigants, addressing lay-practice issues and maintaining the integrity of the judicial process while ensuring all parties are heard.

This session reviews the difficulties facing the spirits industry and options for rehabilitation. The panelists consider some active and past cases to highlight solutions, as well as other solutions for when bankruptcy is not the best option, including an increased focus on receiverships and other out-of-court options.Learning Objectives:Attendees will identify the economic, operational and market challenges contributing to financial distress within the spirits industry and related consumer-product sectors.Attendees will analyze restructuring and rehabilitation strategies used in distressed spirits businesses, including lessons learned from recent bankruptcy and insolvency proceedings.Attendees will evaluate the advantages and limitations of bankruptcy, receiverships and out-of-court restructuring alternatives when addressing distress in the spirits industry.

This panel explores the evolving and fact-intensive concept of good faith in chapter 13 bankruptcy, with a focus on plan confirmation and post-confirmation modifications. The panelists examine how courts interpret “good faith” under §§ 1325 and 1329, common red flags that can trigger bad-faith findings, and key strategic considerations for trustees, debtors’ counsel and creditors when modifications are proposed. Through statutory analysis, leading case law and practical examples, the panelists address when plan confirmation calls into question the good faith of the debtor and/or their counsel and proposed modifications cross the line from legitimate adjustment to improper use of the Bankruptcy Code. Topics include income and expense changes, serial or late-stage modifications, treatment of unsecured creditors, disclosure obligations, and the role of debtor conduct before and after confirmation.Learning Objectives:Attendees will understand the good-faith requirements of §§ 1325 and 1329 and how courts evaluate good faith in chapter 13 plan confirmation and post-confirmation modification proceedings.Attendees will identify common factual circumstances and litigation issues that can trigger good-faith challenges, including changes in income and expenses, serial filings, disclosure obligations and debtor conduct.Attendees will analyze recent case law and practical strategies for evaluating, prosecuting or defending plan confirmation and modification disputes involving allegations of bad faith.