Alabama State Approved Sessions

This panel will provide a comprehensive overview of recent developments affecting cross-border insolvency practice. The panelists will include updates on third-party releases and the Credito Real appeal by the U.S. Trustee, recent trends in asset-tracing across offshore jurisdictions, and emerging issues in the Caribbean and Canada, including evolving director duties and disqualification regimes.

Hosted by ABI's Real Estate CommitteeThe office sector remains one of the most challenged areas of commercial real estate, with fundamentals shifting in ways that continue to test owners, lenders and tenants alike. While prime properties in select markets are benefiting from a clear flight to quality, overall leasing activity is uneven, and vacancy rates remain elevated nationwide. With billions of dollars of office-based loans in distress and higher rates with tighter underwriting colliding with declining property valuations, the office asset class continues to be a real estate sector that restructuring professionals should watch closely.The Real Estate Committee is pleased to provide a deep dive into this market from the perspective of a national bank special assets manager, a CMBS attorney and a transaction professional through a hybrid Zoom webinar and in-person program at the New York City offices of Pillsbury.

Private credit has rapidly become one of the most dynamic areas of the capital markets, with significant implications for corporate restructurings and bankruptcy practice. Morgan O’Neill of Sound Point Capital Management will explore how private credit is shaping financing strategies, influencing restructuring outcomes, and redefining the relationships among borrowers, lenders and investors. Attendees will gain insights into current market trends, the opportunities and risks driving private credit, and what these developments mean for the future of distressed investing and restructuring.

Private credit has rapidly grown into a multi-trillion-dollar market, reshaping the landscape of corporate finance and restructuring. With global private credit expected to rise from nearly US$2 trillion in 2023 to US$3 trillion by 2028, the influence of private credit funds as key creditors is undeniable. But questions remain as to how these funds will behave in the next major downturn, given their limited experience in workouts and restructuring. This panel will explore the evolving dynamics among private credit funds, banks, private equity and ratings agencies, and consider whether the growth of “private” markets reflects innovation or regulatory arbitrage. Attendees will gain practical insights into what restructuring professionals need to know as private credit cements its role at the center of future distressed situations.

The global automotive industry is facing unprecedented disruption, from supply chain pressures and shifting consumer demand to the transition toward electrification and stricter regulatory frameworks. These forces are creating unique restructuring challenges and opportunities across both the U.S. and European markets. This panel will bring together experts to compare approaches on both sides of the Atlantic, examining how legal, financial and operational strategies differ and the lessons that can be drawn from recent high-profile cases. Attendees will gain insights into emerging risks, cross-border considerations, and the tools available to manage distress in one of the world’s most complex and rapidly evolving industries.

Director liability in restructuring continues to grow in importance across borders, with shifting legal regimes and case law creating uncertainty for boards and restructuring professionals alike. This panel will compare filing laws and requirements in key jurisdictions, including Ireland and Germany, and examine the evolving roles of independent directors and restructuring practitioners.

This panel will explore how tariffs, geopolitical tensions and macroeconomic pressures are reshaping the restructuring landscape. The panelists will examine the impact of these forces on such sectors as real estate, energy and retail, highlighting emerging distressed assets and strategies for navigating complex cross-border and domestic restructuring challenges. Attendees will gain practical insights into mitigating risk and identifying opportunities in an increasingly volatile environment.

This session will explore the intersection of artificial intelligence (AI) and digital-asset recovery in cross-border bankruptcy proceedings. The panelists will examine the challenges in making recoveries when digital-asset businesses are the subject of fraud or hacking activity, and discuss how AI-powered tools are revolutionizing asset-tracing, evidence-gathering and recovery processes. They also will cover the practical challenges insolvency professionals face when appointed over businesses in this sector, especially when there is a parallel criminal investigation and/or prosecution, and ways in which practitioners can navigate that landscape to achieve the best outcomes for stakeholders by drawing on real-life examples of cases in which the panelists have been involved.

This annual session features leading U.S. practitioners and judicial perspectives on the most pressing developments in U.S. restructuring and insolvency. The panelists will examine the surge in private credit and its impact on liability management, explore how public perception shapes insolvency outcomes, and assess current trends in chapter 15 relief and cross-border practice. The panelists also will address the practical realities of forum-shopping, discuss where cross-border restructurings have succeeded or struggled, and share lessons learned from recent cases in which recognition was denied or chapter 11 presented unexpected hurdles. International experience will be brought to the forefront, providing comparative insights to help practitioners navigate today’s fast-evolving insolvency landscape.

This panel will examine the evolving landscape of third-party releases in insolvency proceedings, with a focus on their implications in chapter 15 cases. This panel of U.S. and international judges and practitioners will discuss parallel proceedings in jurisdictions including the U.S., U.K., Netherlands, Germany, Sweden, Ireland, France and Luxembourg, highlighting the complexities that arise when third-party guarantees and releases intersect with cross-border recognition. The panelists also will address the aftermath of Purdue Pharma, explore the challenges of forum-shopping and enforcement across borders, and provide practical insights on navigating divergent legal frameworks.