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This panel will discuss UST authority in appointing committees, venue impact on committee appointment and committee composition, when it makes sense to have two committees and when it does not, and the retention of professionals or substantive contributions. The panelists also will discuss the scope of Rule 2004 examinations post-confirmation.

Two pairs of judges square off to consider (1) whether bankruptcies can be properly filed when a debtor faces a deluge of potential tort claims and (2) whether bankruptcy courts can support plans regarding certain special fee and financing arrangements for debtors. RESOLVED: That a bankruptcy is filed in good faith where the debtor is not otherwise in immediate financial distress and appears to have the liquidity to pay its creditors in full, but where the case is filed because of the debtor is a defendant facing a deluge of tort claims that could at some point threaten the debtor’s business and where the debtor believes that the mechanism for liquidating those claims through a trust created under a plan of reorganization will be fairer and better for all parties than the results that would otherwise obtain in the tort system. RESOLVED: That a bankruptcy court may approve a DIP financing agreement that incorporates the milestones set out in a restructuring support agreement, that provides that (a) the debtors will propose a plan that provides specified treatment to the Supporting Parties, which treatment is materially the same as the plan provides to similarly situated creditors; (b) obligates the Supporting Parties to vote in favor of the debtor’s plan and to vote against any competing plan; and (c) provides that the Supporting Parties (and only the supporting parties) will provide exit financing to the Reorganized Debtors, at rates and fees that exceed prevailing market terms.

This panel will discuss pre-appeal considerations, final or interlocutory orders, stays pending appeal, perfecting an appeal, appellate briefs, and direct appeals to circuit courts.

This session will focus on several of the Model Rules of Professional Conduct, including 1.2 (Scope of Representation and Allocation of Authority Between Client and Lawyer), 1.4 (Communications), 1.6 (Confidentiality of Info.), 1.7 (Conflict of Interest: Current Clients), 1.18 (Duties to Prospective Clients), 3.3 (Candor to Tribunal), 3.4 (Fairness to Opposing Party and Counsel) and 7.3 (Solicitation of Clients). The panelists will also discuss many current ethical challenges, including ethical issues in subchapter V, future claimants' representative (FCR) standards, remote proceedings and witness testimony, and client authority.

Sponsored by the Financial Advisors and Investment Banking Committee Advisors based in Colombia, London, New York and Singapore will share their experiences on how distressed deals are closed, along with their insights and predictions on what the deal market will look like going forward, and how rising costs, inflation, interest rates and volatility in the capital markets globally may impact the deal space. Come join us for this special panel discussion.

Sponsored by ABI's Real Estate Committee Agriculture is the original real estate-based business. Combined with its related industries, the agriculture sector accounts for 19.7 million jobs in the U.S., according to the Department of Agriculture. This vast industry is comprised of multinational corporations and independent family farmers, which are all prone to risks from unpredictable factors ranging from the weather to commodity pricing and trade policy. These variables can lead to distressed situations where restructuring professionals can add value, but they first need to learn the basics of the industry from a business and legal standpoint, particularly chapter 12 bankruptcy — one of the most powerful chapters in the Bankruptcy Code. This program will focus on these issues to prepare attorneys, financial advisors and other professionals for future restructuring assignments in this unique space.

This panel will present a discussion of bankruptcy rules and procedures that work and don’t work from a practical perspective, as well as reflections on how technology impacts current practice.

Sponsored by ABI's Real Estate Committee Commercial real estate continues to be a sector to watch as we navigate the post-COVID recovery period, which has thus far featured high inflation, rising interest rates, work-from-home preferences and other changes in consumer behavior. This panel of seasoned real estate attorneys and advisors will provide an update on where things stand across all of the key asset classes, including office, retail, industrial, multi-family and hospitality, as the important summer season winds down, in order to arm practitioners with important insights as we head into 2022's fourth quarter.