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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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Discovery and Evidence Issues; Post-Judgment Motions; Appeals and Motions to Stay Pending Appeal; New Local Bankruptcy Rules and Updates
This panel will discuss practice tips during the pre-trial discovery period, as well as during the trial itself, related to the handling of evidence and objections thereto; discuss the proper use of post-judgment motions related to reconsideration and requests to amend findings of fact and conclusions of law; explain the appeals process, including motions for stay pending appeal; and explain certain important local rules, as well as updates that have occurred and those that will be coming.
The Outer Limits (of U.S. Bankruptcy Court Jurisdiction)
This panel will explore the ethical considerations and best practices available to attorneys and financial advisors to financially distressed businesses looking to eschew their home court in favor of a U.S. court and the chapter 11 remedy. On the flip side, this panel will also explore the ethical considerations and best practices available to attorneys and financial advisors to creditor constituencies who are trying to keep a case at home and as far away as possible from a U.S. court administering chapter 11. In our age of globalization, where a case is administered can make all the difference; consequently, forum-shopping is often a major consideration for advisors. Advisors to financially distressed companies must ask themselves which practices are ethically appropriate and which are not, as well as which practices “work” to create U.S. jurisdiction and which are not as effective. Conversely, advisors to creditor constituencies must ask themselves what practices are ethically appropriate and most effective to keep a case at home and away from chapter 11.
Anything but Absolute: The Evolution of the Absolute Priority Rule in Individual and Corporate Cases
This panel will explore recent developments with respect to the absolute priority rule using a fact pattern/role-playing approach focused on the “Old San Juan”, a mythical family-owned hotel in Puerto Rico.
Domestic-Support Obligations; Applications to Retain Professionals and for Reimbursement of Fees
Years after the creation of the concept of domestic-support obligations, the panel will discuss how bankruptcy courts have interpreted this concept and how “alimony, maintenance and support” is a key element in BAPCPA cases. The presentation will also highlight the complex relationship between bankruptcy and domestic-relations law, and whether bankruptcy courts are bound by state courts’ determinations when issues of claim classification are raised. This panel will also discuss the criteria for the approval of applications for employment and reimbursement of fees, the role of the different trustees in those processes, the independent role of the bankruptcy judges and the consequences of not filing a timely application. Consideration will be given to the perspectives of debtor’s attorneys, special counsel, other professionals and secured creditors’ attorneys.
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