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Navigating Issues in Fraudulent Transfers

This panel will discuss a number of valuation issues that frequently arise in assessing and litigating fraudulent transfer actions, including (1) valuing contingent assets and liabilities (e.g., environmental liabilities, pending litigation, guarantees, tax attributes, subrogation, contribution and reimbursement claims), (2) avoiding the use of hindsight in assessing solvency and adequate capital, and (3) the use of market-based evidence, including debt and equity trading prices, as well as contemporaneous investments of capital. The panel will also discuss Merit Management Group LP v. FTI Consulting Inc., which is pending before the U.S. Supreme Court, regarding the applicability of the § 546(e) safe-harbor defense.

Bridging the Gap: Rights Offerings and Other Paths to Exit Bankruptcy

This panel will discuss the use of rights offerings as a bridge to exiting bankruptcy for reorganizing debtors. The panelists will focus on evolving market trends and hot-button issues arising in recent cases, such as backstop participation and related fees, treatment of nonparticipants, and questions regarding shifting values. We will also touch on other financing alternatives that reorganizing entities may consider in bridging the gap to exit.

Energy Restructuring: Looking Forward and Backward

Technology has brought about radical changes in the energy industry, including the creation of new E&P companies, new cost structures and “just-in-time” revenue opportunities, and challenges to all companies in the production-to-consumer stream, including servicing and mid-stream. These changes, and the uncertainty regarding pricing and the evolution of new, unconventional competition, have led to a number of restructurings during the last cycle, as well as uncertainty on the appropriate capital structure and status for the industry going forward. As we transition from the last energy restructuring cycle of 2015-17, what is our takeaway from the key valuation and other issues that were faced? Does the industry require different thinking regarding the relative amounts of debt versus equity? What is the state of energy dealmaking and capital markets? Can we expect further industry restructuring and consolidation? What is the future of unconventional energy sources and traditional offshore sources? Our energy experts will examine these and other issues from a variety of different perspectives, including deal-making, judicial, legal, operations and financial.

VALCON Talks: “What I’d Change About the Corporate Bankruptcy System”

Based on the incredibly popular “TED Talks” format, VALCON Talks will give four seasoned experts the opportunity to discuss changes they would make to the corporate bankruptcy system. If you consider yourself a bankruptcy guru or just want to be one, you won’t want to miss this program!

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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