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With President Trump in the White House and Republicans in control of both chambers of Congress, dramatic shifts may be coming to the insolvency industry. In this presentation, we will examine the potential impact of executive orders, legislative action, and other policy developments – including tax reform – that could affect insolvency practitioners.

In recent years, fiduciary duties have dominated the landscape of bankruptcy cases. Often, claims against officers and directors are the only source of recovery for unsecured creditors. This panel will examine recent trends and case law impacting officers and directors in bankruptcy cases. The panel will also discuss best practices for counsel representing debtor officers and directors.

The participating judges will respond to questions submitted from attendees in advance of the event.

In this session, the panelists will discuss the unique operational issues that arise when guiding a hospital or health care agency through the bankruptcy or restructuring process, including calculation and collection of account receivables through Medicare and private insurance, proper maintenance of patient records, and the sale and transfer of operational licenses and patient lists. We will also discuss the impact of the Affordable Care Act on health care operations, and what might be expected in future restructurings in today’s political climate.

This panel will examine the strategies for dealing with unknown claims in chapter 11, the limits that due process places on those strategies, and the impact that the Second Circuit’s recent decision in In re Motors Liquidation may have on those strategies going forward.

This panel features leading professionals in the chapter 11 practice area who were directly involved in the Jevic chapter 11 case, as well as a distinguished retired bankruptcy judge. This session will cover the underlying Jevic chapter 11 case, the Supreme Court’s opinion in Jevic and its impact on chapter 11 practice, and strategic alternatives in light of the decision.

Join Hon. Eugene R. Wedoff (ret.), ABI President and member of the ABI Commission on Consumer Bankruptcy, for a discussion of the Commission’s recommendations for improving the consumer bankruptcy system within the existing structure. Attendees will have the opportunity to offer ideas and feedback on key issues, in advance of the Commission’s December 2018 release of its recommendations. To learn more about the ABI Commission on Consumer Bankruptcy, visit consumercommission.abi.org.

While financial and economic issues generally dictate whether a restructuring is likely to be successful, the success of a restructuring often will be meaningfully impacted, either positively or negatively, by more intangible factors that are at play. This presentation will examine the ways in which restructuring professionals, rather than the company’s balance sheet and industry outlook, may materially affect the restructuring landscape, including how such professionals approach financial and operational distress, prepare the restructuring game plan, communicate with the client and its stakeholders, and generally manage the restructuring process. Restructuring professionals’ adherence to applicable ethical obligations and professionalism best practices are critical to this process. Learn the essential “dos” and “don’ts” and other “rules of the road” for professionals in restructurings.

This expert panel will discuss different approaches to business development, including lawyer advertising, law firm websites, social media, beauty contests and wining and dining, and factors that may influence the effectiveness of various approaches. Examples will be used to illustrate business-development methods and explain how the Model Rules of Professional Conduct apply to the methods being discussed.

This panel discusses attorney’s duty to uphold the law and how bankruptcy counsel must avoid “crossing the line” while representing his client, the result being not just civil, but criminal, liability.