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Most bankruptcy litigation ends at the negotiating table, not in the courtroom. This panel will explore the strategies and practical considerations that drive successful settlements in bankruptcy disputes. Experienced bankruptcy litigators will discuss how to evaluate litigation risk, determine when and how to initiate settlement discussions, and explore how to use mediation effectively and navigate difficult negotiations. The panelists also will address Rule 408 considerations, documenting settlements, obtaining necessary bankruptcy court approval, and avoiding common pitfalls that can derail a deal. Attendees will leave with practical strategies for resolving bankruptcy disputes efficiently while protecting their clients’ interests.

This panel examines the ethical and procedural framework governing inadvertent disclosures of privileged materials in bankruptcy practice. The discussion explores the bankruptcy-specific complications (from compressed discovery timelines and multi-party productions to trustee succession issues) that arise when privilege is breached and offering practical guidance for preventing and managing these disclosures.Learning Objectives:Attendees will understand the ethics rules and procedural framework (Model Rules 1.6(c) and 4.4(b), FRCP 26(b)(5)(B), and FRE 502(b)) governing inadvertent disclosure of privileged materials and the duties triggered.Attendees will recognize bankruptcy-specific complications that heighten inadvertent disclosure risk, including compressed case timelines, multi-party document flows among debtors, committees, and trustees, and privilege succession issues following trustee appointment.Attendees will identify practical strategies for preventing inadvertent disclosures and effectively managing a clawback dispute once one occurs, from FRE 502(d) orders and tiered review protocols to crisis-response steps for producing and receiving counsel.

Subchapter V was supposed to make reorganization simpler, but plan confirmation often remains a complex part of these small chapter 11 cases. This panel addresses some of the key pressure points: plan feasibility, balloting, acceptance and consensuality, post-confirmation stay issues, post-confirmation true-ups, and post-confirmation trustee roles (including payment of trustee fees). These issues can make or break a small business debtor's path to emergence.Learning Objectives:Attendees will identify the key pressure points in Subchapter V plan confirmation, including plan feasibility, balloting, and acceptance and consensuality requirements.Attendees will evaluate strategies for navigating post-confirmation issues, including stay considerations, post-confirmation true-ups, and the role of the Subchapter V trustee (including payment of trustee fees).Attendees will apply practical approaches to guiding small business debtors through the plan confirmation process toward successful emergence.

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.

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.

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.

Hosted by the Financial Advisors and Investment Banking CommitteeCourts have begun addressing the admissibility of AI-assisted expert work, including in bankruptcy and analogous litigation contexts, with some uses excluded and others permitted depending on verification, disclosure and methodology. This program examines recent decisions, including In re Celsius Network LLC, Matter of Weber, Kohls v. Ellison and Ferlito v. Harbor Freight; the December 2023 amendments to Federal Rule of Evidence 702; and emerging court guidance on AI disclosure.The panelists will discuss the ways in which AI tools may assist with valuation work in bankruptcy proceedings, and what documentation courts are likely to expect from experts. They also will focus on the practical uses of AI in financial analysis, the legal standards governing expert testimony, and the circumstances under which traditional valuation methods remain essential.

Hosted by American Bankruptcy InstituteSpirit Airlines filed for liquidation and ceased operations on May 2, and other international carriers have also filed for bankruptcy in recent months citing increasing jet fuel prices, debt and regulatory issues. Is the airline industry on course toward stabilizing or is further distress on the horizon?Join a distinguished panel of experts to examine current airline industry distress and get their perspectives on the direction the industry may be headed on a special abiLIVE Webinar!

Hosted by ABI's Bankruptcy Litigation Committee.Plan confirmation is the defining moment of every chapter 11 case — the place where negotiation, litigation and strategy converge. While the Bankruptcy Code sets the framework, the outcome often turns on valuation disputes, creditor dynamics, feasibility challenges and the strategic use of cramdown. This webinar will take an inside look at how chapter 11 plans are actually won and lost. The panelists will explore the key battles that shape confirmation, from classification and voting issues to contested valuation fights and emerging disputes over third-party releases. Drawing on real-world experiences, the discussion will focus on how debtors, creditors and committees build leverage, resolve objections, and navigate contested confirmation hearings in today’s restructuring landscape.