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Hosted by ABI's International Committee Discover firsthand insights into insolvency in Africa. In this webinar, the panelists will showcase their countries' approaches, followed by engaging discussions on the pivotal roles and rights of stakeholders (creditors, employees and shareholders). Uncover essential perspectives and strategies that are reshaping the landscape of insolvency management worldwide. Don't miss out on this opportunity to gain actionable knowledge and network with industry leaders!

This panel will address variThis panel will address various issues that the trucking company industry is facing, as well as valuation issues with rolling stock, terminals and leases.ous issues that the trucking company industry is facing, as well as valuation issues with rolling stock, terminals and leases.

What is a DSO, and what does that bankruptcy provision in every Property Settlement Agreement mean, anyway? What debts are dischargeable, and if it is called “support,” is it truly support? Does the stay need to be modified post-petition in a chapter 13, and what do you do when a current chapter 13 client ends up in divorce court? This panel will address these questions and more, including the differences between chapters 7 and 13, and what actions are stayed. 

Hosted by ABI's Asset Sales Committee The recipients of ABI's 2023 Asset Sale of the Year award will discuss the company's threatened suspension by the California Medi-Cal program and the execution of a strategy that initially had led to court orders stopping the suspension, then later culminated in the sale of assets. Hear specifically how Borrego's professionals navigated complex health care, regulatory and bankruptcy issues, which ultimately resulted in a settlement and sale that ensured the continuation of high-quality, culturally competent care to Borrego's patients and a substantial recovery for creditors.

TestIndependent board directors play a vital and increasingly important role in restructurings. Acting as an independent director has great rewards, but it also has risks in today’s restructuring environment. This panel will analyze and discuss a variety of issues related to corporate governance in restructurings and liquidations, including (a) the recruitment, appointment, role and duties of independent directors, (b) how to establish an independent board of directors, (c) the role of lawyers and financial professionals in advising a board of directors and independent directors, and (d) D&O claims, insurance and potential risks to independent directors.

Hosted by ABI's Commercial and Regulatory Law Committee This panel of bankruptcy practitioners will discuss all facets of merchant cash advance (MCA) funding, its history, and its interplay with bankruptcy. The panelists will provide different perspectives — MCA company, debtor and subchapter V trustee — on the legal implications of merchant cash advances in chapter 11 bankruptcy proceedings, as well as practical solutions for dealing with MCAs in chapter 11 cases.

In Partnership with Epiq Year-over-year bankruptcy filings continued to show double-digit increases across nearly all chapters for the first six months of 2024. Join ABI and statistical partner Epiq Bankruptcy Analytics for a special abiLIVE webinar featuring experts who will break down the consumer and business filing trends that emerged in the first half of 2024, and offer their predictions on what might unfold over the remainder of the year.

The Supreme Court on June 27 ruled in the case of Harrington v. Purdue Pharma L.P. that the Bankruptcy Code does not authorize a release and injunction that, as part of a plan of reorganization under chapter 11, effectively seek to discharge claims against a nondebtor without the consent of the affected claimants. Join this panel of experts as they examine the case and decision, and what it may mean for chapter 11 practice going forward involving nonconsensual third-party releases.

Hosted by ABI's Real Estate Committee Commercial real estate continues to be top of mind for restructuring professionals nationwide, as Federal Reserve interest rate policy to curb inflation is impacting values at the same time as rapid changes in supply and demand within several asset classes have taken hold. ABI's Real Estate Committee is honored to host a commercial real estate economic outlook presentation featuring Martin Lavelle, senior business economist with the Federal Reserve Bank of Chicago, to provide important market intelligence. Lavelle’s research topics include construction and real estate, consumer spending, rural economic development and more. He is heavily involved in the formulation of the Chicago Fed’s Beige Book submission by moderating roundtables of key business contacts and regional stakeholders. This program will cover such key questions as which markets appear to be under the greatest pressure, the status of the return-to-office environment and key indicators to watch as this sector evolves, what is going on in other major asset sectors, whether construction prices are subsiding, what the general sense is about the enormous amount of near-term debt maturity in light of market values, and whether there is stress on the community banking system given higher concentrations of real estate lending. The webinar will include time for Q&A.

Hosted by ABI's Unsecured Trade Creditors Committee This mock mediation, based on the Southern District of New York’s (SDNY's) recent preference decision in The Great Atlantic & Pacific Tea Company, Inc. bankruptcy cases involving McKesson Corp., will demonstrate how plaintiff, defendant and mediator analyze risk and preference exposure when trying to reach a mediated settlement. The SDNY’s decision followed two summary-judgment motions filed by McKesson, but this webinar will assume that this is a pre-summary-judgment mediation. The panelists will discuss the three issues decided by the court: (1) whether McKesson could include paid new value as part of its new value defense (i.e., whether the subsequent advance vs. remains-unpaid approach is appropriate); (2) whether McKesson could set off its § 503(b)(9) claim (i.e., its 20-day claim) against preference liability (i.e., mutuality as to when a § 503(b)(9) claim and preference claim arise); and (3) whether the amounts in McKesson’s § 502(h) claim, which paid invoices for 20-day § 503(b)(9) goods, should be a general unsecured claim that recovers $0, or a higher priority § 503(b)(9) claim, which could theoretically recover 100% if a plan was confirmed, but would recover much less here, as the cases were administratively insolvent and structurally dismissed. A fourth issue that the SDNY implicitly addressed was whether there is improper double-dipping where there is an allowed § 503(b)(9) claim (either paid or reserved for) that a claimant seeks to also include as part of its new value calculations (i.e., Auriga Polymers and, analogously, Friedmans).