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Hollywood Squares: Bankruptcy History & Trivia
Our Host will challenge the “deans” of bankruptcy and our esteemed contestants with riveting bankruptcy trivia.
Subchapter V and Virtual Court: A Tale of Two Frontiers
The Small Business Reorganization Act of 2019 went into effect a mere few weeks before a worldwide pandemic unfolded, setting into motion unforeseen challenges and learning curves for the entire bankruptcy court system. This session consists of two mock presentations that will demonstrate the application of technology in the pre-trial practice and trial presentation of a subchapter V virtual trial. Included in these presentations will be virtual depositions and document preparation and organization, as well as the nontechnical challenges these cases can face, such as feasibility, projected-income issues, best practices assuming a nonconsensual plan, and cramdown. During the mock presentations, a team of technology experts will interject real-time, practical tips on the risks, benefits and potential ethical pitfalls of technology use in virtual trials, and much more.
Mock Trial Schedule:
1:00-2:30 p.m. — Pre-Trial: Preparation, Organization, Depositions, Direct Examination (with tech experts offering best practices throughout)
2:30-2:50 p.m. — Short Break - Breakout rooms available for networking!
2:50-4:15 p.m. — Mock Trial: Cross-Examination, Cramdown (with tech experts offering best practices throughout)
Ethics (2021 New York City Bankruptcy Conference)
This panel discussion will delve into a plethora of ethical issues pulled from today’s headlines, including litigation funding, professional compensation, protection and use of material nonpublic information, “connections,” Alix v. McKinsey litigation, and issues created by the pandemic and our remote-work environment.
Intercreditor Disputes
This panel will examine creditors vs. creditors in liability-management transactions (Boardriders, Serta, Travelport, Trimark), collective actions and credit bidding (Speedcast, Alta Masa, Empire Generating, Allied), strict foreclosure in light of TIA 316(b) (CNH Diversified Opportunities v. Cleveland Unlimited), de facto claim-subordination (La Paloma), rights preserved for junior creditors under an intercreditor agreement (do the exceptions swallow the rule (Claires, Momentive)?), and practical considerations such as coordination agreements, unitranche facilities and CLOs in restructurings.
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