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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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ABI-Live: Hot Issues in the Ongoing Third Party Release Debates
Hosted by the Business Reorganization & Unsecured Trade Creditors Committees
This webinar will discuss various issues and recent developments regarding releases of non-debtors under chapter 11 plans. Issues for discussion will include differences among the Circuits regarding the availability of and standards applicable to such releases, potential jurisdictional and constitutional considerations regarding such releases, possible differences between chapter 11 and chapter 9 regarding this issue, the permissibility of using an “opt-out” approach for plan releases, and potential implications of the ever-broader definitional provisions delineating the scope of such releases.
ABI-Live: So You Settled — Now What?: Drafting Enforceable Settlement Agreements after Mediation
The mediation may be done but the work has just begun. Drafting the settlement agreement in a form that is enforceable and captures the intent of all parties can be a formidable task. Who drafts it? What must be included, at a minimum? Is it a final agreement or just an outline to be later committed to an agreement?
Pitfalls are everywhere - let our expert panel of speakers guide you through the process!
ABI-Live: New Developments in Rights Offerings and Backstop Purchaser Incentives
Hosted by the Business Reorganization Committee
For many chapter 11 debtors, the issuance of new debt and/or equity pursuant to a rights offering is a useful tool to ensure that the reorganized company will have sufficient liquidity upon emergence. In most cases, the ability to subscribe to all or a portion of a rights offering will be awarded to stakeholders on account of their claims or interests. However, a key component of a rights offering is a backstop commitment, which is often open only to a small subset of self-selected stakeholders (the “Backstop Parties”). In exchange for providing the backstop commitment, these Backstop Parties typically receive a separate commitment fee and/or break-up fee, which is often crucial to securing their commitment. The compensation offered to Backstop Parties was at issue in recent decisions in a number of cases, such as Seadrill, Pacific Drilling, Claire’s, Peabody, and CHC Helicopters. Non-backstopping stakeholders have challenged the compensation offered to Backstop Parties on a variety of grounds, including that the proposed fees are unreasonable or unnecessary to the reorganization, or give rise to disparate treatment among creditors in violation of the Bankruptcy Code. This webinar will review the recent decisions, the factors considered by courts in approving compensation for Backstop Parties, and potential alternative ways of structuring rights offerings and the compensation for Backstop Parties.
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Prosecuting and Defending § 523 Adversary Proceedings
This session will discuss both prosecuting and defending § 523 exceptions to discharge adversary proceedings. Rather than cover the substantive law governing what is dischargeable, this session will concentrate on strategies for prosecuting and defending these adversary proceedings, including what must be pled to state a claim for relief, strategies for filing motions to dismiss and motions for summary judgment, understanding when collateral estoppel or res judicata from prior litigation has an effect, strategies regarding settlement and mediation, advising clients on options for settlement vs. litigation, and discovery issues and trial strategies.
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