Skip to main content

Video

What Does the Future Hold?

Hear what our seers think about the economy and specific industries. Will the economy burst? What sectors are likely to be the most challenged? Hear from the panelists on opioid issues, indenture, credit risk, the general economy and more.
59 minutes 49 seconds

Breaking the Log Jam: The Trend Toward Pre-Plan Mediation of Case-Dispositive Disputes in Chapter 11

Mediating disputes is not new to bankruptcy litigation, but recent years have seen a trend toward pre-plan mediation of key issues in chapter 11 cases that pave the way for asset sales, plan confirmation and an efficient emergence from bankruptcy. Some examples of this include “bet the farm” litigation necessary to fund plan distributions, lien challenges/avoidance claims, claim objections, plan treatment, sale objections, third-party releases and insider claims, and structured dismissals. This panel discusses the role of UCCs, confidentiality of mediation discussions (especially important on case-dispositive issues if the matter is not resolved), impact of the changing composition of senior lenders from institutions to private-equity and hedge funds, and judicial acceptance and/or encouragement of mediation of key disputes, including the authority to order mediation.
1 hour 2 minutes 46 seconds

Consumer: All Things 13

Let our experts guide you through the most important current chapter 13 issues, including (1) is a chapter 7 trustee entitled to a commission on a converted case?; (2) is interest required in a 100 percent chapter 13 plan where not all disposable income is contributed?; (3) is failure to make direct payments on a mortgage grounds for denial of discharge?; and (4) can a debtor employ § 506(d) to avoid a lien in a subsequent chapter 13 case (chapter 20), even though the debtor is not eligible for discharge?
1 hour 1 minutes 46 seconds

Are Hedge Funds and Private-Equity Firms Different than Other Case Parties?

This panel, comprised of investment bankers, lawyers and principals of hedge funds, explores whether, when and how the goals and strategies of hedge funds and private-equity funds in chapter 11 cases differ from those of other creditors, including banks, insurance companies, trade creditors, unions and governmental agencies.
55 minutes 13 seconds

Not so Free, Not so Clear: An Ethical Walk Through Asset Sales

This panel uses hypotheticals to discuss the ethical problems facing counsel and their clients in § 363 sales including collusion, abuses during due diligence, and successor liability.
58 minutes 38 seconds

The Ramifications of Covenant-Lite Structures

Borrowers have been using relaxed credit agreement and bond covenants to “strip” assets from the collateral/asset pools that lenders think secure them. Neiman Marcus, J.Crew, PetSmart and BC Partners are recent examples. By focusing on these examples, this panel will discuss the covenant-lite structure of today, what the documents really say, who benefits and who gets hurt, and who influences the structure and outcome.
55 minutes 24 seconds

ABI Consumer Commission Final Report

The leadership of ABI's Commission on Consumer Bankruptcy releases its Final Report and Recommendations during this panel. The 17-member Commission examined dozens of issues over the last two years. The Final Report focuses on reductions of barriers to entry, enhancing the fresh start and making chapter 13 work for all stakeholders.
59 minutes 12 seconds

American Crime Stories: Unusual Fraudulent Conveyances, Insider Transactions and Outright Fraud

A group of trustees, receivers and professionals tell their most interesting stories about uncovered rip-offs and how the perpetrators pulled them off — almost. The panel then discusses how the cases were dealt with in bankruptcy court and how funds were recovered — or not.
1 hour 42 seconds

Sharpening the Tools in Your Mediation Toolkit

Hosted by the Mediation and the Unsecured Trade Creditors Committees Formatted largely as a mock mediation session, this interactive panel will demonstrate best practices to prepare for, participate in, and successfully conclude a mediation session. Topics will include pre-mediation written submissions, preparing clients (and oneself) for a mediation session, managing the mediator and the client once the session begins, strategies for guiding a mediation session to a successful resolution, and tips for breaking an impasse.
2 hour 25 minutes 36 seconds

Should We File It Here or There? Venue Options in Cross-Border Cases

Hosted by the International and Young & New Members Committees This panel will discuss the advantages and disadvantages of filing bankruptcy under chapter 15 vs. chapter 11 in the U.S. where the prospective debtor is a multinational company, and the potential consequences of each type of filing across the capital structure of the company (e.g., secured creditors, unsecured creditors, equity, etc.). The panelists, all ABI 2017 ""40 Under 40"" honorees, will contrast the insolvency laws of specific countries with the U.S. Bankruptcy Code, and explain how these comparisons can ultimately guide a company's decision on whether to file in the U.S. and, if so, under what chapter.
1 hour 1 minutes 35 seconds