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Resolved: Bankruptcy courts do not have the authority to approve nonconsensual releases of direct claimsheld by third parties against nondebtors as part of a chapter 11 plan or reorganization. Pro: Hon. Eugene R.Wedoff (ret.); Con: Marshall S. Huebner
Resolved: Trustee requests of debtors for documents andinformation beyond that already required by the Code and Rules should not be routinely undertaken, butinstead should be limited to inquiries suggested by issues arising in specific cases. Pro: Tiffany L. Carroll;Con: Gary R. Stickell
Resolved: The Seventh Circuit was wrong in Sheehan v. Breccia Unlimited Co. (In reSheehan), 21-2946 (7th Cir. Sept. 9, 2022), when it barred U.S. bankruptcy courts from stopping foreigncreditors from taking action against a debtor’s assets abroad when the U.S. court has no general or specificpersonal jurisdiction over the creditors. Pro: Hon. Christopher S. Sontchi (ret.); Con: Hon. David R. Jones.
150 Days in the Life of a Subchapter V Bankruptcy
Featuring the perspectives of the debtor, creditor, subchapter V trustee and the bench, this session willconsider the life cycle of a small business reorganization. Beginning 30 days before the debtor files itspetition, continuing through the 90-day plan filing deadline and hurtling toward confirmation, the panelistswill discuss pre-bankruptcy planning and negotiation, debate eligibility and case-management issues,consider best practices for utilizing a subchapter V trustee throughout the case, and highlight tips and trapsof plan formulation, contested confirmation hearings and post-effective-date matters.
Asset Recoveries in Foreign Lands
This panel will discuss some of the more interesting aspects of the asset-recovery process as it relates tolocating foreign assets (i.e., Russian yachts). The panelists also will focus on post-COVID-19 issues, includingsituations where banks were not monitoring collateral as closely as they should have been and are nowhaving trouble locating said assets and selling them, particularly in international cases where the bankruptcyis abroad but the parties are seeking recognition in the U.S.
Dealing with Digital Assets Turn on screen reader support
This panel will delve into issues involving digital accounts, cryptocurrency and NFTs, including how to getsecured and perfected, how to liquidate, and bankruptcy-specific considerations. The panelists also willdiscuss UCC Article 12 and its impact on the digital-asset world for secured parties, and help practitionersbetter understand the considerations and issues they should be spotting when advising their constituents ondealing with digital assets.
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