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Hit ’Em Below the Belt (and in the Wallet): Professional Fees and Leverage Post-ASARCO

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?
1 hour 4 minutes 20 seconds

Why Venue Matters in Chapter 11 Cases

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.
53 minutes 20 seconds
NO CLE

ABI-Live: On Cruise Control or Approaching a Detour? Current Issues for Automotive Distress

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.

ABI-Live: On Cruise Control or Approaching a Detour? Current Issues for Automotive Distress

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.
1 hour 10 minutes 12 seconds

ABI-Live: Social Butterflies Beware: Ethical Issues Relating to the Use of Social Media

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.
1 hour 14 minutes 56 seconds

ABI-Live: Hospital Bankruptcies – Unique Challenges and Current Hot Topics

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.
1 hour 19 minutes 10 seconds
NO CLE

ABI-Live: I have to do WHAT?!? – The Importance of Local Rules in Asset Sales

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.
1 hour 15 minutes 3 seconds

Avoidance Issues

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)).

Great Debates

Resolved: A creditor in possession of a debtor’s collateral must surrender it to avoid a stay violation. Resolved: The legal test or application of the standard of disinterestedness should be changed.

Current Issues Concerning and New Dilemmas for Committees

How do judges view the various types of committees–official statutory committees (including unsecured creditor, equity, retiree and tort claimant committees) and ad hoc committees? Is the makeup of the committee (trade/landlords/noteholders/bondholders/litigation claimants) relevant? What is Jevic’s impact on the ability of unsecured creditors’ committees to obtain recoveries for their constituents—do committees representing deeply out-of-the-money creditors have anything left in their toolboxes? This panel will discuss these questions and more relating to official and ad hoc committees.