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Chapter 11 and the Airline Industry
Hosted by the International, Legislation and Secured Credit Committees
This panel will examine and discuss recent trends and issues in the chapter 11 reorganizations of airlines, including foreign-based airlines that have sought chapter 11 protection in the U.S., such as Avianca and LATAM. Additionally, the panelists will analyze governmental and legislative initiatives in the U.S. taken in response to COVID-19 that at the time staved off formal reorganization proceedings for U.S.-based airlines.
Intersection of the Bankruptcy Code with Criminal and Civil Forfeiture
Amid criminal seizure and forfeiture actions imposed by the DOJ, SEC and other regulatory bodies, criminals often have no choice but to file for bankruptcy. This panel will explore financial crimes, including Ponzi and FCPA schemes, that have resulted in bankruptcy filings, and the conflict that ultimately arises between the bankruptcy estate and the federal government over criminals’ seized and forfeited assets. The panelists will also delve into asserting a legal interest in the assets, the look-back period, remedies to the bankruptcy estate and priority schemes.
Is the SBRA Here to Stay? Case Law Developments and Political Will
The Small Business Reorganization Act of 2019 was heralded as one of the most important pieces of bankruptcy legislation passed since BAPCPA in 2005. Has the SBRA been widely and effectively used? What important current case law issues exist? Is the SBRA here to stay? Will the $7.5 million debt limit be a permanent change? The panelists will explore these questions and more.
Innovations in Financing Chapter 11 Cases from the Petition to the Effective Date
Successful chapter 11 cases require financing from the start. This panel will discuss financing a chapter 11 case from day one through the reorganization plan’s effective date, focusing on complex cash collateral/DIPI financing and exit financing issues.
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