Audio

Unsecured creditors (and official creditor committees) may appear hopelessly “out of the money” at the beginning of a case, but how may they most effectively and most responsibly assert their interests throughout the case to win a recovery? This panel addresses this question and more.

What are the constitutional limits of bankruptcy court jurisdiction and authority? This panel will discuss recent decisions implicating Stern v. Marshall to see when and how courts are addressing limits on jurisdiction and authority. The panelists will analyze when state law actions may be maintained in bankruptcy court and when the bankruptcy court can enter final orders and review key local rules. Additionally, the panelists will provide strategies for how to address matters where a bankruptcy court cannot issue final orders.

This panel will briefly review the current state of third-party releases, then discuss/debate different ways and mechanisms to potentially remedy the issues that have been highlighted by (or that have bothered) various courts around the country.

Join ABI on Maryland’s Eastern Shore for family-friendly fun and networking in a relaxed atmosphere at the 2022 Mid-Atlantic Bankruptcy Workshop. Our host hotel, the Four-Diamond Hyatt Regency Chesapeake Bay, is situated on 342 acres along the picturesque Choptank River and is an easy drive from Washington, D.C., Baltimore, Philadelphia and Wilmington, Del. Earn up to 8 hours of CLE/CPE credit, including 1.5 hours of ethics, from a stellar faculty of regional professionals and judges on business-, consumer- and skills-focused topics.

This panel will discuss and analyze attacks on pre-bankruptcy transactions, specifically certain transactions that (1) resulted in modifications to corporate governance or subsidiary status; (2) were at the behest of directors and officers and that may or may not have been to the detriment of the company; (3) were designed to limit liabilities in a workout or reorganization scenario; (4) modified rights or obligations owed to lenders, including the grant of additional security; or (5) were done for some other purpose. During the discussion, the panelists will focus on the analysis of the potential attack on such transactions, as well as the strategy for launching (or planning to launch) such an attack.

This panel will provide an overview and discussion on the most recent bankruptcy decisions and changes to official guidelines and legislation impacting bankruptcy practice today. The case law discussion will cover the most recent bankruptcy opinions from the Supreme Court and Circuit Courts of Appeals as well as Bankruptcy and District Court opinions of note. The panel will provide thorough summaries of these cases and changes to other bankruptcy-specific rules, laws, and regulations as well as discuss the larger implications of these new precedents and changes on current practice and future bankruptcy trends.

This panel will focus on current developments and trends relating to the emerging industry of cryptocurrency. The panelists will assess recent insolvencies and bankruptcy cases, and provide practitioners with tips to help navigate this evolving market. Discussion will center on such issues as whether and when digital assets may be estate assets, discovery tools and crypto-tracing, and valuation concerns.

This panel of health care experts will explain some of the unique features of health care cases in general by comparing notes on current operational challenges and pre-bankruptcy considerations, discussing the pros and cons of receiverships vs. chapter 11, covering specific health care-relevant provisions in the Code, and discussing sale considerations in health care cases.