Alabama State Approved Sessions

Join ABI Editor-at-Large Bill Rochelle as he hosts a panel of bankruptcy judges to discuss circuit splits and hot topics on important bankruptcy issues. Back again from the Winter Leadership Conference, this attendee-favorite panel will be presented in a fun game show format, where judges will vote to resolve the issues before they reach the Supreme Court.

Section 506(c) and 552(b) waivers have become a staple in the pre-petition-lender-turned-DIP-lender toolbox. But what are the unsecured creditor’s tools for pushing back, and the arguments for why value that accrued post-petition might properly be reserved for junior creditors? Apart from collateral battles, this panel will explore the types of securities or other considerations that some plans have distributed to the class junior to the fulcrum security in acknowledgment of the potential asset appreciation not fully realized at the time of plan negotiation, as well as the ABI Commission’s recommendation to implement a “Redemption Option Value” — and the challenges that such structures pose.

The senior living sector, already stressed prior to the pandemic, has been upended by COVID-19. This panel will discuss the effects that COVID-19 has had on operational and financial performance, business models past and future, and the real estate valuations of senior living facilities. The panel will also identify what in-court and out-of-court alternatives exist, and will highlight adaptive reuse opportunities for owners and operators of these facilities. Participants will learn about the operational and financial ramifications that COVID-19 has wrought on senior living facilities, the various in-court and out-of-court alternatives available to restructure these facilities, and trends in senior living business models. The panelists also will explore various alternative financing options available for distressed businesses, including sale-leaseback and bridge financing, as well as potential adaptive reuse issues and alternatives for facilities that close.

This panel will discuss litigation funding, conflicts and disqualifications, client complaints, mediation and dealing with pro se litigants.

This panel will focus on subchapter V eligibility, privileges and contested confirmation issues.

This follow-up session will focus on student loan strategies, tax issues, dealing with the chapter 7 trustee and violations of the discharge injunction, and will include an update on Taggart.

This panel will provide an update on the key technological issues facing practicing attorneys today, including cyberattacks, software needs, Zoom updates, electronic signatures, hybrid hearings and cryptotechnology, as well as decentralized autonomous organizations and tokenized assets (i.e., NFTs, metaverse and DeFi).

This panel will focus on alternative fees in bankruptcy and litigation financing, pursuing claims against third parties and derivative claims/reflective losses, the assignment of claims and court sanctioning.

This panel will be conducted in the format of the TV show “Crossfire” and will address three “hot” or “interesting” bankruptcy issues that are not being addressed in the other sessions. At the conclusion of each discussion, attendees will have an opportunity to vote on how they believe the issue should be resolved.

Third-party releases are a hot topic lately, with the recent district court opinions in the chapter 11 cases of Purdue Pharma and Ascena vacating bankruptcy court confirmation orders that approved plans providing for third-party releases. Learn what the laws in various circuits have to say about permissible third-party releases, whether bankruptcy courts are deemed to have subject-matter jurisdiction and statutory authority to approve third-party releases as part of confirmation orders approving plans of reorganization, and what standards are imposed by circuit courts to determine whether a third-party release should be approved.