Alabama State Approved Sessions

A panel of seasoned professionals will discuss recent developments and trends in U.S. bankruptcy and restructuring.

This panel will explore various perspectives on the so-called “Texas Two-Step” bankruptcy technique, including whether it’s something that could (or should) be exported from the U.S.

Confirmation Roundtable: Top Tips to Confirm a Chapter 11 PlanThis roundtable will explore choices and strategies in formulating a plan, including classification, thestreamlining tools available under § 105(d), restructuring support agreements, and the murky intersection ofexculpations, releases and injunctions. The panelists will explore these topics with an eye toward sharingpractical tips for obtaining a successful confirmation.

This panel will explore the supply chain issues that are most prevalent today in various industries, includingthe risk of loss, injunctive relief, adequate protection and debtors in possession, as well as the tensions thatcan occur among customers, suppliers and third parties.

This panel will discuss the § 1111(b) election in modern times. It’s not the rule against perpetuities, but it’salso not as simple as your basic loan default. Do you know how to analyze whether making the electionmakes sense? Perhaps more importantly, do you know how to counsel your client through the process?

When retained causes of action are the only recoveries for residual stakeholders, having the right toolkit —with tools sharpened and up to date — is essential to preserving and maximizing value. This panel will coverstatute-of-limitations issues, including the Golden Creditor Rule; identify pitfalls to avoid when bringingderivative claims, including in pari delicto; review lessons learned in bringing claims against equity sponsors;revive the concept of lender liability; provide tips of the trade for maximizing insurance recoveries; andexplain the § 546(e) safe harbor jurisprudence, among other relevant topics.

This panel will discuss mediation in mass-tort/multiparty cases such as Puerto Rico, Purdue, Boy Scouts andthe various religious institutions that have filed for bankruptcy. The panelists will highlight mediating tortclaims that have emotional and non-monetary components, such as sexual abuse; issues regardingnondebtor-related entity property and contributions; and liquidation concerns in a religious institutionbankruptcy.

This panel will explore and discuss ethical issues that arise in consumer practice. The panelists will reviewrecent cases and provide hypotheticals to invoke audience participation and discussion regarding topicsrelated to attorney fees, conflicts, and attorney/client privilege and confidentiality.