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This annual session features leading U.S. practitioners and judicial perspectives on the most pressing developments in U.S. restructuring and insolvency. The panelists will examine the surge in private credit and its impact on liability management, explore how public perception shapes insolvency outcomes, and assess current trends in chapter 15 relief and cross-border practice. The panelists also will address the practical realities of forum-shopping, discuss where cross-border restructurings have succeeded or struggled, and share lessons learned from recent cases in which recognition was denied or chapter 11 presented unexpected hurdles. International experience will be brought to the forefront, providing comparative insights to help practitioners navigate today’s fast-evolving insolvency landscape.

This panel will examine the evolving landscape of third-party releases in insolvency proceedings, with a focus on their implications in chapter 15 cases. This panel of U.S. and international judges and practitioners will discuss parallel proceedings in jurisdictions including the U.S., U.K., Netherlands, Germany, Sweden, Ireland, France and Luxembourg, highlighting the complexities that arise when third-party guarantees and releases intersect with cross-border recognition. The panelists also will address the aftermath of Purdue Pharma, explore the challenges of forum-shopping and enforcement across borders, and provide practical insights on navigating divergent legal frameworks.

This panel will provide a forward-looking exploration of European insolvency and restructuring law in the context of global cross-border practice. The panelists will examine the evolution of European insolvency frameworks, the work of UNCITRAL Working Group V, and current efforts at harmonization through choice-of-law initiatives and upcoming EU legislation. Special attention will be given to new national restructuring tools such as the Dutch WHOA, Germany’s StaRUG and Spain’s Restructuring Plan, with comparative analyses of how these procedures perform in practice and interact with U.S. chapter 15 recognition. Attendees will gain a practical understanding of how these reforms are shaping the future of cross-border insolvency and what they mean for practitioners navigating multi-jurisdictional restructurings.

Securing plan confirmation is rarely straightforward. From feasibility disputes to contested classifications and objections over good faith, bankruptcy professionals must navigate a range of legal and strategic hurdles. This panel will delve into the most pressing issues impacting plan confirmation today, including judicial interpretations of key confirmation requirements, creditor pushback on cramdown provisions, and the growing influence of subchapter V in small business reorganizations. Panelists also will highlight practical pitfalls that can derail confirmation, and will share approaches to overcoming objections and achieving consensual resolutions. 

This panel will address the most recent developments in preference case law, including with respect to the new value and ordinary course of business defenses, due diligence, evidence, the sale of and liens on preference actions, recent cases at the U.S. Supreme Court, and preference actions in recent mass tort- and crypto-driven bankruptcy cases.

This panel will address a variety of post-confirmation topics, starting with the pre-effective date planning and issues, and post-effective date pitfalls and deadlines. Attendees will also learn about other important topics particular to Subchapter V, post-confirmation jurisdiction, and useful tips for creditors.

Discovery in bankruptcy contested matters can be just as complex and consequential as in traditional litigation, but with its own unique rules, limitations and strategic considerations. This panel will address recent case law, jurisdictional nuances, and the practical challenges of balancing efficiency with due process. Whether you’re initiating discovery or responding to it, this session will provide valuable insights into managing discovery effectively within the procedural framework of the Bankruptcy Code. 

The restaurant and franchise sectors present unique challenges in chapter 11 restructurings, from complex lease negotiations to brand preservation and franchise agreement compliance. Whether representing debtors, creditors or franchisors, attendees will gain practical insights into navigating the distinctive legal and business hurdles faced by restaurants and franchises in chapter 11. 

This panel will explore best practices for selecting, preparing and effectively using expert witnesses in bankruptcy disputes, including in valuation, fraudulent-transfer and preference actions. The panelists will discuss common pitfalls, ethical considerations, and how opposing counsel can effectively challenge expert credibility and methodology. Attendees will gain practical tips for maximizing the value of expert testimony and avoiding costly missteps in contested bankruptcy matters. 

In today’s digitally connected world, attorneys face unique challenges and opportunities at the crossroads of social media, credit reporting and bankruptcy law. This panel will first debunk prevalent social media myths and scams that complicate client advisement and the setting of realistic legal expectations. Next, the panelists will delve into the nuanced relationship between credit reporting and bankruptcy, offering insights that enhance attorneys' ability to guide clients through financial restructuring. Finally, the discussion will highlight effective strategies for harnessing social media as a tool to positively influence public perception and expand access to critical legal information. Join us for an engaging session designed to equip legal professionals with practical knowledge and innovative approaches for navigating this evolving landscape.