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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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Current Issues in the Energy Sector
This panel will discuss current trends in energy, from gas production to the coal market
to alternative forms. What will the industry look like 10 years from now? Do we need
coal? Updates of current markets, as well as recent bankruptcy cases and issues, will
be addressed, including the rejection of gathering agreements and the upward trend
in requests for equity committees in commodity cases (Breitburn, Penn Virginia,
Energy XXI, Horsehead, SandRidge, C&J, Peabody).
Equitable Mootness
This session will focus on the current state of the doctrine and recent criticisms,
especially from the Third Circuit (Philadelphia Newspapers, SemCrude, One2One
Communications), and its applications (City of Detroit (invoking the doctrine to reject
the attempted restoration of pension benefits in the city’s bankruptcy)).
Liquidating In and Out of Chapter 11
This session will discuss (1) selecting a trust, LLC, plan administrator or other vehicle;
(2) ensuring that affirmative claims are preserved post-confirmation; (c) establishing
a value/tax basis in litigation claims and other assets transferred to a trust or LLC;
(d) key plan provisions such as preserving 2004 discovery rights, creditor oversight,
continuing court oversight, required reporting and the retention/transfer of the
attorney/client privilege; (e) the trading of interests; (f) provisions for closing the case;
and (g) structured dismissals following asset sales as an alternative to a liquidating
plan (Jevic). Is it preferable to liquidate outside of chapter 11?
Bankruptcy Litigation
This panel will present a fraudulent transfer update and discussion regarding the split
over § 546(e) safe harbors (Physiotherapy, Tribune, Madoff, Meritt Management),
10-year reach-back periods (Kipnis), the reinstatement of unsecured creditors’
intentional fraudulent conveyance claims and the ruling that the intent of the CEO
can be imputed to the company (Lyondell), the finding that substantive consolidation
does not augment the trustee’s § 544(b) avoiding powers by allowing the trustee to
rely on predicate creditors from another estate (Petters), and the ruling that access to
a credit line rebuts unreasonably small capital claims (SemCrude). The session will
also feature an update on the Trust Indenture Act, including discussion of the recent
Second Circuit decision in Chesapeake Energy and its implications regarding the
finality of bankruptcy court orders, and an update on the litigation of feasibility
issues (Paragon).
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