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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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Deal Documents: The Transactional Side of a 363 Sale
Unlike most 363 sale programs, this program will not involve the aspects of the sale that are the focus of court proceedings, but will take an in-depth look at the transaction documents that get the deal done. The primary document discussed with be the APA-what does that document need to accomplish, what provisions should be included, how do APAs used in 363 sales differ from other APAs, what to do about reps and warranties and why and, what are the points of negotiation? Experienced deal-side practitioners will identify the elements of an asset purchase agreement that are important, and the respective views of the buyer and the seller as to those provisions.
The Cause and Effect of Municipal Insolvency and the Limits of Chapter 9
This single plenary session will feature a policy-oriented panel discussing the reasons for municipal insolvency nationally, with a particular focus on the New England Region. The panel of highly-experienced government officials, municipal receivers and thought leaders will review and debate the challenges faced by state and local leaders in their efforts to address the financial stress facing many of our cities and towns. Among the issues to be addressed are: the pressures of labor contracts, legacy benefits, and pension and retirement plans on municipal budgets; creditor and bondholder relations; sections of the code that impact these issues; and trends arising from the most recent cases. The panel may also touch on needed Chapter 9 reform. Lawyers, lenders, insolvency specialists, as well as those interested in the future of our cities and towns, will be interested in this program.
ABI-Live: The § 1111(b) Election, Plan Feasibility and Cramdown Issues
Utilizing a case study, ABI's panel of experts will explore issues surrounding a lender's decision on whether or not to make an election under § 1111(b), plan feasibility, and voting. The panel will also walk attendees through the necessary mathematical analysis used to analyze these issues.
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