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Great Debates

Resolved: Use of the phrase "with respect to the debtor" in 11 U.S.C. § 362(c)(3) makes this provision applicable to termination of the automatic stay only as it relates to actions against the debtor and property of the debtor; this provision does not terminate the stay as to actions against property of the estate. Resolved: Restrictions on a debtor’s authority to file bankruptcy should be enforced.
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ABI Live Webinar: Tax Reform Crash Course for Bankruptcy

The Tax Cuts and Jobs Act significantly changed many aspects of business taxation, especially for distressed companies. The way net operating losses work has fundamentally changed. The ability to deduct interest expense is now significantly limited and, as a result, distressed companies may have very different tax profiles than they previously have had. Changes to several rules impact the decision on whether to structure a reorganization as a tax-free transaction or a “Bruno’s” taxable transaction. The international tax regime has been fundamentally altered, both with respect to normal operations and with respect to long-standing issues regarding the appropriate scope of pledges and guarantees that can be provided in connection with DIP financing and cash collateral packages. All of these rules remain subject to an active and very much ongoing regulatory process that places a significant degree of uncertainty around tax outcomes. The panel will highlight and contextualize these key issues so that restructuring specialists can be aware of their potential impact.

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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