Alabama State Approved Sessions

This panel will provide guidance on identifying and addressing issues relating to personal-injury (PI) causes of action that arise (or are discovered) post-petition in consumer bankruptcy cases. When are they property of the estate? What disclosures are required, and when? How does judicial estoppel apply? In chapter 13 cases, does the debtor need court approval to retain and pay PI counsel? Is bankruptcy court approval required before the debtor settles a cause of action? The panelists will address these questions and more.

This panel will provide a comprehensive overview of key tax considerations that arise before and during bankruptcy proceedings. Attendees will learn how to preserve and utilize valuable tax attributes prior to filing. The panelists also will explore the complex question of whether certain tax attributes constitute property of the bankruptcy estate, and will address a range of critical tax issues that may emerge during a bankruptcy case. This session is essential for practitioners seeking to effectively navigate the intersection of tax law and bankruptcy.

This panel will provide a focused look at critical developments in subchapter V practice, including fair and equitable treatment in plan confirmation, eligibility to file, and the expanding role of subchapter V trustees. The panelists will also address post-confirmation issues such as asset sales, plan defaults, vesting and drafting strategies to manage risks and improve outcomes. Attendees will gain practical insights for navigating subchapter V cases more effectively from start to finish. 

In April 2023, ABI created the Subchapter V Task Force, which was charged with reviewing the implementation and administration of subchapter V. After almost a year of study and public hearings, the task force has issued its report and recommendations, which include statutory changes. This session will discuss the task force’s report and recommendations.

This panel will explore the basics of privilege and how it is used in bankruptcy litigation. Do members of an LLC have access to privileged info? Do former board members have rights to privileged info? Does a trustee of an individual debtor have rights to the individual debtor's privileged information? Is a trustee required to turn over his/her privileged information to the debtor after it retakes possession? Can mediation privilege be used to cloak an entire bankruptcy case so that all information is immune from discovery from non-mediation parties or its adversaries?

This panel will identify the unique issues that come into play in health care asset sales, from hospitals to senior living facilities. The panelists will address closing challenges, regulatory issues, HIPPA/privacy issues, Opco/Propco issues and much more.

This panel will consider and discuss practice points, deployment of technology, and ethical considerations for attorneys following the COVID-19 pandemic.

This unique, interactive panel will be presented as a mock trial where financial advisors will be cross-examined by attorneys on valuation issues, including liquidation value.

Ponzi and other fraudulent schemes continue to proliferate. Many of these schemes, event if primarily targeted at Americans, operate using offshore entities in the Caribbean. As a result, resolving such schemes typically involves domestic receiverships or bankruptcy coupled with offshore liquidation proceedings. The victims’ recoveries may vary widely depending on whether the distribution of the scheme’s remaining assets is determined by U.S. bankruptcy law, U.S. common law or foreign law. This panel will explore the various ways in which U.S. and foreign laws implicate victims’ recoveries, as well as potential changes to those laws.

Hosted by ABI's Real Estate Committee The hospitality sector is one of the commercial real estate asset classes that has endured profound changes since the pandemic, both positive and negative. Pent-up demand for travel, flexible work schedules and strong consumer spending are driving demand in some sectors, while remote work has fundamentally changed business travel, which is straining occupancy and profits at properties that historically have relied on this steady stream of business. There are significant pockets of distress among hotel owners, particularly those facing maturing mortgage loans at a time of higher borrowing costs and more stringent lender underwriting requirements. This is against a backdrop of slowing hotel industry revenue growth, sticky inflationary pressures on labor and operating expenses, and sharp increases in property insurance costs. ABI's Real Estate Committee is pleased to provide this opportunity to dive into the hospitality sector with 45-year industry veteran Frank Nardozza, chairman and CEO of REH Capital Partners, LLC, a national investment and advisory services firm focused on hospitality investment, finance and consulting. He previously served as the National and Global Real Estate and Hospitality Consulting Practice Leader for KPMG. The program will conclude with a live question-and-answer session.