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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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Implications of Valuations from the Board of Directors’ Perspective
Valuation can be a squishy thing. This panel examines how valuation analyses and disputes can be shaped and impacted based on the shifting positions and perspectives of directors and their advisors. Minority investors may push back on management's projections; special and independent committees may change board dynamics and influence views regarding valuation inputs; interested parties without a direct line to the board may attempt to influence valuation through litigation or posturing. These and other scenarios can greatly impact how directors view and utilize the valuation process. Such scenarios can also have a significant impact on professionals advising regarding valuation. To whom does the professional owe fiduciary duties? How should the shifting board landscape impact the professional's advice? Must the professional seek direction from parties outside the board?
Valuation, Restructuring and Taxes: The Good, the Bad and the Ugly
A bankruptcy reorganization or out-of-court restructuring can significantly impact tax attributes such as NOLS and basis. The existence of and ability to use such attributes after a reorganization or restructuring often affects value. Two common issues must be considered with regard to a transaction’s impact on such items: the reduction of tax attributes and limitations on the ability to use tax attributes. The topics addressing absorption of tax attributes include discharge of indebtedness income, attribute reduction, stock-for-debt exchanges, debt modifications and elections. The loss-limitation overview includes a look at § 382, special bankruptcy § 382 rules and trading restrictions.
Multi-National Restructurings: A Comparative View of Select Jurisdictions
The core of restructuring in the United States is the value of the entity at various points in time. The valuation of the post-restructured business plan is one of the most contentious yet essential components of restructuring. In the U.S. valuation takes on a strategic and tactical significance. It impacts the form of restructure, sale v. reorganization, and going concern v. liquidation. This panel contrasts approaches used by other jurisdictions around the world.
Keynote Luncheon Presentation: Gallatin’s Revenge: Sovereign Debt Sustainability and Valuation in the Modern Era
Albert Gallatin was the longest-serving U.S. Secretary of the Treasury (1801-1814) and came into office as a professed anti-Federalist, ardent proponent of fiscal responsibility, and vocal opponent of Alexander Hamilton’s financial policies. However, Gallatin failed to accomplish the Jeffersonian objectives of shrinking the national debt and eliminating taxes, as he was forced to finance a war with Great Britain and the purchase of the Louisiana territory. Gallatin also supported the First Bank of the United States and proposed federally financed infrastructure projects. Consolidation, it seems, is complicated. A discussion of the early history of sovereign debt in the U.S., in particular the roll-up of the obligations of the colonies into the newly constituted federal government, the role of the First Bank of the United States, and the political challenges of managing the debt. Sovereign debt sustainability and valuation in the modern era, focusing on governments’ ability and willingness to pay, the role of central banks, and a potential resolution to the euro area crisis, will be addressed.
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