Video

Judges throughout the Mid-Atlantic region will square off to debate hot topics in insolvency.

This panel will review constitutional issues under § 1115 and the appointment of chapter 11 trustees, as well as debate whether conversion from chapter 7 to chapter 11 violates the 13th Amendment.

This panel will review some of the unique aspects of municipal bankruptcy cases, including the use of mediators, the role of a creditors’ committee and how committee professionals can be compensated, the involvement of state and federal laws and precedent for municipal bankruptcies, and the uncharted territory of Puerto Rico’s insolvency, as well as the potential impact on financially troubled states.

This panel will analyze the impact of recent decisions on investment strategy, including the use of restructuring support agreements and federal and state law remedies, as well as the litigation risk of recoveries absent a bankruptcy filing; the acceleration of debt maturities and redemption/“make whole” premiums; and the scope of § 546(e) “safe harbor” provisions.

This panel will review the shift of leverage to hold-out creditors and the requirement that structured dismissals must adhere to the absolute priority rule outside of a plan.

This panel will review the art and science of valuations prepared for different stakeholders in the same case. Panelists will discuss how professionals can use the same data but arrive at dramatically different results through the manipulation of various methodologies and assumptions depending on the interests of their clients.

Do you know and understand what’s in your DIP order? This panel will break down some examples of issues that create frustration for bankruptcy judges through inconsistent language, overreaching requirements, misinterpretation or fundamental flaws. Panelists will navigate the typical DIP motion through drafting to final order.

Join ABI for its first recreation of the infamous “TED Talks,” with speakers focusing on topics only a bankruptcy guru could love, such as rules of professional conduct, career advice and teaching moments and Safe Harbor for Financial Institutions.

When financial trouble hits the closely held business, a more complicated structure often lurks below the surface. What the “family” views as a single business may actually be several entities with a long history of intercompany transactions. Conversely, one generation may have transitioned out of the business but might still be receiving compensation from the business under the control of the next generation. The problems are heightened when your contact at the client is an individual who wears various “hats,” including president, board chair, CEO and potential defendant. How does the professional deal with the conflicts and consequences of transactions with insiders and affiliates, particularly where the financial resources of the business and individuals are already stretched thin before adding the layer of professionals that come with any bankruptcy proceeding? This panel of experienced restructuring professionals will discuss the legal, ethical and financial issues raised by family conflicts, and provide their unique legal insights and practical advice.

How do you come to understand a business whose very survival was dependent on ensuring that nobody could understand the business? When administering Ponzi-related bankruptcies, actions taken at the outset are often determinative of the results, but what do you do when the books and records are fiction? This panel will focus on the role of financial professionals in Ponzi scheme bankruptcies, including the initial investigation, establishing the existence of a Ponzi scheme, determining who the “winners” and “losers” are, seeking additional recoveries (including chapter 5 actions and other litigation), making distributions and negotiating settlements.