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When a distressed business is in “free fall,” the most consequential decisions often occur before a petition is ever filed. This panel examines the high-stakes strategic choices lenders, debtors and fiduciaries face in the critical pre-petition window and how those decisions can shape, or derail, the outcome of a restructuring. The panelists explore such questions as whether a secured lender should sweep operating accounts holding cash collateral, when a debtor should pursue chapter 7, chapter 11 or an assignment for the benefit of creditors, and whether consenting to a receivership may offer a better path. The panelists also address insider claim resolution, preferential or critical vendor payments, employee compensation issues, and the litigation risks that follow pre-filing conduct.Learning Objectives:Attendees will identify critical pre-petition decisions that can significantly affect the outcome of a distressed business restructuring.Attendees will analyze strategic alternatives, including chapter 7, chapter 11, receiverships and assignments for the benefit of creditors.Attendees will evaluate litigation risks and stakeholder consequences arising from pre-filing conduct, cash management decisions and insider transactions.

This panel explores current trends in automatic stay litigation and the practical strategies used by debtors and creditors in contested cases. The panelists discuss common dispute scenarios, evolving court approaches, and key considerations for navigating stay relief, enforcement actions and related risks in bankruptcy proceedings.Learning Objectives:Attendees will identify current trends and emerging issues in automatic stay litigation.Attendees will analyze strategic considerations for pursuing or defending stay-relief motions, enforcement actions and related disputes.Attendees will evaluate practical approaches for minimizing risk and achieving favorable outcomes in contested stay matters.

This panel explores the evolving landscape of mortgage-servicing in bankruptcy under Federal Rule of Bankruptcy Procedure 3002.1, with a focus on recent developments following the Klemkowski decision. The panelists discuss practical implications for servicers, debtors and practitioners, including notice requirements, fee and escrow claim procedures, and common compliance pitfalls. The panelists also will provide guidance on how courts are interpreting Rule 3002.1 and what the Klemkowski ruling means for future practice and litigation strategy.Learning Objectives:Attendees will understand the requirements of Rule 3002.1 and recent developments affecting mortgage-servicing practices in bankruptcy cases.Attendees will analyze the impact of the Klemkowski decision on notice obligations, fee claims and escrow-related disputes.Attendees will identify compliance risks and develop strategies for effectively litigating and resolving Rule 3002.1 issues.

The private credit market has grown past $2.1 trillion and continues to expand rapidly, but early signs of stress are emerging. With defaults expected to rise and underwriting potentially loosening, this panel examines key risks, sector trends, and the likelihood of increased restructuring activity over the next 12–24 months.Learning Objectives:Attendees will understand current trends and developments within the rapidly growing private credit market.Attendees will identify indicators of financial stress, increased defaults and potential underwriting concerns affecting private credit portfolios.Attendees will evaluate how emerging market conditions may influence restructuring activity and bankruptcy practice over the next several years.

A “board flip” — reconstituting a company’s board to install creditor-nominated or independent directors — can be a decisive tool in financial distress. This panel explores the legal, strategic and practical considerations behind executing a successful board flip, including governance mechanics, fiduciary duties and key contractual levers. Using real-world examples, the panelists highlight lessons learned, stakeholder dynamics, and actionable strategies to mitigate risk, manage conflicts and preserve value in high-stakes restructuring situations.Learning Objectives:Attendees will understand the legal and governance mechanisms involved in implementing a board flip in a distressed company.Attendees will analyze fiduciary duties, stakeholder interests and conflict-management considerations that arise during board reconstitution efforts.Attendees will evaluate practical strategies for executing board flips while mitigating risk and preserving enterprise value.

In small business cases, controlling administrative costs can make or break a successful outcome. This panel focuses on practical strategies to streamline proceedings, including creative motions and targeted plan provisions designed to reduce estate expenses. The panelists share efficient approaches, cost-saving techniques and real-world examples to help practitioners maximize value while minimizing administrative burden.Learning Objectives:Attendees will identify opportunities to reduce administrative expenses and improve efficiency in small business bankruptcy cases.Attendees will analyze the use of creative motions, targeted plan provisions and other procedural tools to streamline case administration.Attendees will apply practical cost-saving strategies to maximize value for debtors, creditors and other stakeholders.

Financial fraud schemes frequently come to light when businesses are in distress, causing restructuring professionals and bankruptcy courts to deal with the fallout. This panel examines how fraud trends can shift with economic cycles and developing technology, including key moments when misconduct begins to surface, particularly around market peaks and downturns. The panelists discuss various schemes — financial statement misstatements, asset-shifting through multi-tiered entities and Ponzi structures — sharing insights on emerging risks, warning signs, and how practitioners can better anticipate and respond.Learning Objectives:Attendees will understand how financial fraud schemes have evolved in recent years and the unique challenges they present in bankruptcy proceedings.Attendees will identify common indicators of fraudulent conduct and assess the tools available to practitioners for investigating suspicious transactions and structures.Attendees will apply lessons learned from recent fraud cases to develop proactive strategies for protecting estates, creditors and other stakeholders from emerging fraud risks.

This session is geared toward consumer chapter 7 and 13 practitioners looking for an in-depth discussion of pre-filing planning and strategies that will pass muster, and analyzing the difference between planning that falls within ethical and statutory expectations, and those that cross the line, putting attorney and client at risk.Learning Objectives:Attendees will identify lawful and effective pre-filing planning strategies for consumer chapter 7 and chapter 13 cases.Attendees will distinguish permissible prebankruptcy planning from conduct that may violate ethical duties, statutory requirements, or applicable bankruptcy rules.Attendees will evaluate the potential risks and consequences to attorneys and clients when pre-filing strategies cross legal or ethical boundaries.

This session presents a practical deep dive into nondischargeability litigation in consumer bankruptcy, focusing on § 523(a)(2), (a)(4) and (a)(6) nondischargeability actions and denial of discharge under § 727. The panelists pair that substantive discussion with practical guidance on deadlines, litigation strategy, and the impact of collateral estoppel.Learning Objectives:Attendees will distinguish the grounds for nondischargeability under 11 U.S.C. § 523(a)(2), (a)(4), and (a)(6), as well as the grounds for denial of discharge under § 727.Attendees will identify key filing deadlines, procedural requirements, and strategic considerations in dischargeability and denial-of-discharge litigation.Attendees will evaluate how collateral estoppel may affect the proof, scope, and outcome of nondischargeability actions in consumer bankruptcy cases.

Work/Life Balance: Is it really a thing? This session explores the critical connection between attorney well-being, the duty of competence and professional liability, examining how stress, burnout and impairment can affect ethical decision-making and client representation. Participants gain practical strategies to support personal well-being, reduce malpractice risk, and fulfill their professional and ethical obligations while maintaining a sustainable legal practice.Learning Objectives:Attendees will identify the connection between attorney's well-being, burnout, and impairment, and recognize how these factors can compromise the duty of competence and increase professional liability exposure.Attendees will apply practical strategies for managing stress and maintaining personal well-being that support sound ethical decision-making and effective client representation.Attendees will evaluate risk-management practices that reduce malpractice exposure while fulfilling professional and ethical obligations within a sustainable legal practice.