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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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Chapter 15 Update
In addition to discussing the latest developments and cases under U.S. chapter 15, this panel will also focus on recent decisions dealing with the issues of the “center of main interest” (Fairfield Sentry), individual chapter 15 cases (Kemsley), intellectual property (think3, Inc.) and asset sales (Elpida Memory).
Proposed National Chapter 13 Plan, Proof-of-Claim Issues and FRBP 3002.1
This panel will discuss the source and purpose of the National Chapter 13 Plan Form, explain the concerns surrounding the U.S. Supreme Court case of Espinosa, discuss the Bankruptcy Rules that will accompany the National Form, discuss and explain the National Form’s parts and the provisions contained therein, and cover what the practitioner must consider when the National Form becomes mandatory. The panel will also discuss relevant issues related to properly preparing and filing well-supported proofs of claims, including issues related to transferred and purchased claims. Finally, the panel will address the fairly new Rule 3002.1, which is related to claims secured by a security interest in the debtor's principal residence, including the details and responsibilities that accompany all of that rule's subparts.
Treasure, or Fool’s Gold? Secured Transactions in the Caribbean and Revised Article 9
Cross-border financings almost always lie at the heart of cross-border insolvency cases, and holding an enforceable lien usually spells the difference between recovery and loss in such cases. This panel will focus on creating, perfecting and enforcing liens on assets held by Caribbean borrowers, as well as on the 2010 amendments to Article 9 of the U.S. Uniform Commercial Code that became effective in July. Topics will include UNCITRAL’s legislative guide on secured transactions, the Organization of American States’ Model Inter-American Law on Secured Transactions, competing forums for resolving disputes over liens on Caribbean assets, Article 9’s choice-of-law rules, and financing concepts peculiar to common law countries in the Caribbean (e.g., the distinction between fixed and floating charges and crystallization).
Ethics: The New World Order — A Comparison of Ethical Issues with Respect to Retention and Compensation of Restructuring Professionals in the U.S./Caribbean
In 2013, ABI issued its Final Report of the ABI National Ethics Task Force, and the Executive Office for U.S. Trustees set forth new guidelines for reviewing applications for compensation and reimbursement of expenses filed under § 330 of the Bankruptcy Code for attorneys in larger chapter 11 cases. In addition, the Cayman Islands and the Bahamas have experienced developments with respect to retention and compensation of attorneys. This panel will discuss the ethical implications of these developments.
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