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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.
Over 2,700 Hours of Free Content
Municipal Bankruptcies, Insolvencies and Restructurings
Challenges posed by lack of precedent on cramdown, good faith, etc.; recent developments/precedents arising out of Vallejo, Stockton, Central Falls, Jefferson County, etc.; labor, pension and OPEB issues (who owns pension plans and assets?); general obligations vs. dedicated revenues vs. secured interests; federal and state constitutional issues (contract modification, pension impairment, imposition of taxation, limitations on spending, etc); state alternatives to chapter 9; selling/privatizing municipal assets; post-confirmation enforceability of taxing and paying agreements (Jefferson County); Oppenheimer AMT-Free Municipals decision; possible updates on Puerto Rico, Detroit; possible discussion of consequences of recent developments to the future of the municipal finance market
Bankruptcy Litigation Panel
Latest post-petition interest litigation, make-whole payments (School Specialty, AMR), OID, etc. (ResCap, KV Pharma); enforceability of intercreditor agreements; class-action certification in bankruptcy (Rodriguez); settlement payments (Quebecor); post-Stern consent to jurisdiction cases (Sixth, Seventh and Ninth Circuits); § 502(d) disallowance under KB Toys; fraudulent transfer update (Tribune, Sentinel)
“Market Value” Tests in Valuation
What is the difference between “market value” and “intrinsic value”?; what is market value, and how is it discerned?; how reliable are various indicia or tests of market value, including: (1) public (or private) bankruptcy trading prices of the debt or equity securities of a debtor, (2) outcome of the bankruptcy sale process and (3) credit-bidding, and when can “market tests” be wrong?; have bankruptcy courts allowed lay perceptions of discernible market value to replace expert testimony and other proofs relevant to § 506 determinations or cramdowns?; how can rights offerings be used and assessed as an indication of value?
GSC Group Case Study and Other Bankruptcy Ethics Matters
Review of GSC case (bankruptcy court decision pending); what are the lessons of GSC for practitioners regarding disclosure, fee sharing, disinterestedness and conflicts, etc?; review of disinterestedness standards under § 101(14) and related disclosure requirements; additional ethics topic might include conflicts waivers (when is it necessary to obtain a waiver? Distinctions may be drawn based on current vs. recent vs. former clients, directly adverse vs. positionally adverse, relatedness to a prior matter, use of confidential information); Brown Publishing
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