Video

Experienced practitioners are typically able to litigate the issues that arise in most chapter 11 cases in a similar manner, regardless of the industry of a particular debtor. In the health care context, however, the identities of the litigants are often different (government agencies, patient care ombudsmen, etc.), and more importantly, those litigants’ respective motivations may be vastly different than in a "typical" chapter 11 case. Economic considerations, the driver of most chapter 11 outcomes, are often superseded in a health care case by a party’s perceived public policy or reputational concerns. This panel will discuss these differences and provide practical suggestions, based on their extensive experience, as to how attorneys and financial advisors can navigate these issues and reach a successful outcome for all stakeholders.

With the legalization of marijuana in many states, there are now large numbers of individuals and businesses that derive their income from growing and selling marijuana and from other business activities related to marijuana. This session addresses the issues that emerge when individuals and businesses in this industry encounter financial problems. What are the sources of governing law (state/federal)? Is bankruptcy an option? How are marijuana-related income and assets treated? What are a bankruptcy trustee’s rights and responsibilities in dealing with a marijuana-related business? What ethical issues arise for attorneys representing individuals and entities in this industry? How does the U.S. Trustee’s Office address these issues in light of the conflict between federal law and some states’ laws? What is the direction of the developing body of bankruptcy case law regarding this industry?

This panel will analyze the instances over the last few years where creditors have brought challenges to estate professional fees, focusing on Pillowtex, retainers and other objections. How can professionals protect themselves when they are well into a case?

This panel will focus on obtaining successful chapter 11 results in certain jurisdictions while analyzing why you should or shouldn’t file in a particular jurisdiction. The panel will discuss advantages and disadvantages of filing in certain jurisdictions, including local rule advantages (i.e., Texas) and case law advantages or disadvantages.

The automotive industry has been relatively stable since the crisis ten years ago. But there are disruptions within the supplier base as platforms change and technology evolves. With declining volumes and the stress of trade wars, are we approaching another downturn in the automotive industry? Are we better prepared to manage through potential automotive distress now than ten years ago, or have supplier operations and financing structures and agreements become more complex? This webinar will explore these issues and more.

The automotive industry has been relatively stable since the crisis ten years ago. But there are disruptions within the supplier base as platforms change and technology evolves. With declining volumes and the stress of trade wars, are we approaching another downturn in the automotive industry? Are we better prepared to manage through potential automotive distress now than ten years ago, or have supplier operations and financing structures and agreements become more complex? This webinar will explore these issues and more.

Panelists will discuss ethical issues relating to due diligence and debtor and creditor actions online as well as practice pointers for engaging in social media.

There have been a number of recent bankruptcy filings by large and high profile healthcare providers, such as the filings of Verity Health System of California, Inc., in Los Angeles (the second largest hospital bankruptcy case in American history), Hospital Acquisition LLC and 25 related debtors d/b/a Promise Health and American Academic Health System (Hahnemann University Hospital and St. Christopher Hospital in Philadelphia) in Wilmington, Delaware, and Astria Health in Yakima, Washington. Additionally, EmpowerHMS owned or helped manage a rural hospital empire that encompassed 18 facilities across eight states. After funding from a controversial lab-billing venture dried up, 12 of the hospitals entered bankruptcy and eight closed their doors. There has also been a steady stream of lower profile cases, including Westlake Hospital in Melrose Park, Illinois, Penobscot Valley Hospital in Maine, and Springfield Hospital, Inc., in Vermont, and it appears that there are more filings in store. The webinar will discuss (i) the reasons for this growing trend of healthcare cases, (ii) the unique challenges in those cases, which involve not only the typical payment of creditor claims, but also the care of patients, (iii) the particular issues that arise uniquely in this class of cases, including jurisdiction over the Medicare and Medicaid Programs, treatment of provider agreements, the intersection of nonprofit law and bankruptcy law, and treatment of medical malpractice claims, and (iv) whether this trend of healthcare filings will continue.

We will take a deeper dive into some of the more interesting and unique local rules that practitioners should be aware of when completing assets sales in various districts. The panelists will also discuss the need for local rules, differences across jurisdictions, and the process for revisions and implementation.

This panel will discuss preferences and fraudulent conveyances, the Fairfield cases relating to extraterritoriality, and whether returning the funds acts as a defense (Kingsley v. Wetzel (In re Kingsley), 518 F.3d 874, 877-78 (11th Cir. 2008)) versus what the Seventh Circuit has ruled on the issue (Nostalgia Network Inc. v. Lockwood, 315 F3d 717, 720 (7th Cir. 2002)).