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2022 Views from the Bench: Great Debates

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.
1 hour 5 minutes 50 seconds

Nuts and Bolts of Bankruptcy Appeals

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.

Ethics Challenges of Today

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.

ABI-Live: Global Trends and Outlook in Distressed Dealmaking

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.
1 hour 8 minutes 36 seconds

e-Learning Topics

e-learning-topics

Administrative Expense Claims

Reviews processes and requirements for post-petition claims that get priority payment, including professional fees, utilities, and goods received within 20 days of filing.

Alternative Dispute Resolution

Examines mediation, arbitration, and other non-litigation approaches to resolve bankruptcy disputes efficiently and cost-effectively.

Asset Sales

Analyzes issues practitioners may face when completing asset sales in and out of bankruptcy, and best practices for successful outcomes.

Automatic Stay

Explores scope and application of automatic stay protection, including exceptions, violations, and procedures for obtaining stay relief.

Claims

Discusses the evaluation, trading, and resolution of bankruptcy claims. Covers creditor rights and their impact on restructuring.

Bankruptcy Litigation

Studies recent case law and rules of practice, evidence and procedure, connecting professionals engaged in bankruptcy-related litigation.

Certification

Covers professional certification requirements and processes for bankruptcy practitioners, including specialized credentials and continuing education.

Corporate Governance

Analyzes fiduciary duties, management responsibilities, and board oversight during bankruptcy proceedings and restructuring.

Court Administration

Reviews court procedures, filing requirements, and administrative processes in bankruptcy cases.

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