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This panel will explore the evolving world of Merchant Cash Advances (MCAs), offering attendees a clear understanding of how MCA transactions work and their role in business financing. Experts will discuss the current legal and regulatory environment shaping the industry, as well as the practical costs and benefits for both funders and merchants. Whether you're new to MCAs or looking to deepen your insight, this session will provide valuable perspectives from legal, financial, and operational standpoints.
Understanding and calculating income can be challenging when it isn't consistent. This panel will explore strategies for assessing income for individuals with variable earnings, including seasonal employees, gig workers, self-employed individuals, and those receiving overtime or bonuses. The panelists also will discuss best practices, tools and policy considerations to ensure accurate and fair income determination in complex financial situations.
Health care bankruptcies present unique legal, operational and regulatory challenges that require specialized strategies and coordination. This session examines recent high-profile health care bankruptcy cases and will analyze the factors driving financial distress in hospitals, senior care facilities and other medical providers. The panelists explore such issues as patient care continuity, treatment of Medicare and Medicaid claims, the role of governmental regulators, and the impact of health care-specific rules on restructuring efforts. Whether representing debtors, creditors or other stakeholders, practitioners will gain insights into navigating the complexities of insolvency in the health care sector.
This webinar will discuss efforts currently underway to amend Bankruptcy Rule 9031 to expand judges’ toolboxes and allow for the appointment of special neutrals (a.k.a. special masters), and will focus on practical considerations in evaluating such an amendment.
As generative AI becomes part of the bankruptcy and restructuring toolbox, professionals face exciting opportunities — and serious obligations. This interactive panel will dive into real-world uses of AI tools, best practices for effective prompting, and the ethical rules you really don’t want to break. The panelists will include live demonstrations and audience Q&A, and discuss how courts and clients are responding to this fast-changing landscape.
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Early-Case Orders that Dictate the End-of-Case Orders: Efficient or Disenfranchising?
Cash-collateral, DIP-financing, § 363 bid-procedure and assumption-of-restructuring-support-agreement orders all enter into the early stages of a chapter 11 case, and all have the potential to dictate how the case will end. Some argue that setting a firm course for the case in the early days promotes efficiency and recognizes the financial realities posed by current capital structures. Others argue that those same orders, fashioned by a small subset of the creditor constituencies, preclude all but those at the top of the capital structure from having an effective voice in the case. The panelists include people on both sides of that debate, and the discussion will feature such topics as benchmarks in DIP financing and cash-collateral orders, recent developments in bid-procedure orders such as the recent approval by some courts of multiple breakup fees and of a no-shop clause, and just how far a restructuring support agreement can go in a pre-negotiated case.
Nonprofits: The Internal Struggles of Officers and Directors
Two of the most currently challenged industries — higher education and health care — are also the two industries most likely to use the nonprofit form of organization. Recent high-profile cases have demonstrated the pull and tug on officers and directors of those entities. Tasked with both the practical realities imposed by the need to make payroll and the mission-based obligation to pursue the organization’s charitable purposes, the officers and directors are forced to weigh financial discipline against the obligation to heal or to educate. This panel explores the seemingly conflicting fiduciary duties of the officers and directors of nonprofit companies, identifying those duties and the statutory protections afforded those who are faced with making real-time decisions. The discussion will also explore challenges to the actions taken, including additional hurdles to asset sales under § 363(d)(1), government agency investigations and oversight, and class action litigation.
Not Your Parents’ Fraudulent-Transfer Action
Practitioners are constantly looking for ways to expand, or limit, the ability of estate fiduciaries and creditors to avoid transfers. This panel will explore several cutting-edge issues with respect to fraudulent-transfer actions currently playing out in bankruptcy courts, including whether trustees may recover tuition payments by debtor-parents for the benefit of their adult children and the meaning of “reasonably equivalent value” under Section 548(A)(1)(b). The panel will explore opportunities to expand a trustee’s avoidance powers, including a trustee’s ability to stand in the shoes of the IRS and benefit from the 10-year look-back period, Ponzi scheme issues, and applying avoidance powers to foreign defendants. The speakers will also discuss whether silence is still golden in light of Husky International v. Ritz.
Bankruptcy and the U.S. Supreme Court
The panel will discuss recent cases and longstanding Supreme Court jurisprudence on recurring themes, including law vs. equity, approaches to statutory interpretation, the role of courts and limits to jurisdiction, and bankruptcy policy related to reorganization, discharge and the fresh start.
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