Alaska State Approved Sessions

Sponsored by ABI's Real Estate Committee Commercial real estate continues to be a sector to watch as we navigate the post-COVID recovery period, which has thus far featured high inflation, rising interest rates, work-from-home preferences and other changes in consumer behavior. This panel of seasoned real estate attorneys and advisors will provide an update on where things stand across all of the key asset classes, including office, retail, industrial, multi-family and hospitality, as the important summer season winds down, in order to arm practitioners with important insights as we head into 2022's fourth quarter.

This panel will briefly review the current state of third-party releases, then discuss/debate different ways and mechanisms to potentially remedy the issues that have been highlighted by (or that have bothered) various courts around the country.

What are the constitutional limits of bankruptcy court jurisdiction and authority? This panel will discuss recent decisions implicating Stern v. Marshall to see when and how courts are addressing limits on jurisdiction and authority. The panelists will analyze when state law actions may be maintained in bankruptcy court and when the bankruptcy court can enter final orders and review key local rules. Additionally, the panelists will provide strategies for how to address matters where a bankruptcy court cannot issue final orders.

Unsecured creditors (and official creditor committees) may appear hopelessly “out of the money” at the beginning of a case, but how may they most effectively and most responsibly assert their interests throughout the case to win a recovery? This panel addresses this question and more.

This panel will discuss various issues concerning the impact that the COVID-19 pandemic and the economy for the last two years have had on valuations and appraisals. Since cash flow is essential for valuations and operations, the panelists will also discuss the effects of the pandemic on businesses’ cash flow and what can be done to recover and improve cash flow. In addition, the panelists will discuss the sales and auctions of assets during the pandemic period.

This panel will identify recent examples of chapter 11 plans confirmed within the Ninth Circuit that contained third-party releases despite longstanding precedent in the Ninth Circuit prohibiting those releases outside of the asbestos context. The panelists also will describe the types of releases confirmed, as well as how the plan proponents were able to include the releases.

This panel will present a discussion of bankruptcy rules and procedures that work and don’t work from a practical perspective, as well as reflections on how technology impacts current practice.

Filing a bankruptcy petition is not always a viable option or the best solution. This panel will explore alternative avenues for distressed companies, including receiverships, assignments for the benefit of creditors and Article 9 foreclosures, as well as when a bankruptcy filing is the most effective tool. Learn what factors should be considered in evaluating the various options and what the benefits and drawbacks of each alternative are.

Sponsored by ABI's Real Estate Committee According to Trepp, $109 billion in commercial mortgage-backed securities (CMBS) loans was issued in 2021. These loans are popular among income-producing-property investors for a variety of reasons, including favorable rates, attractive loan-to-value ratios, a streamlined underwriting process and more. However, given their structure as investment vehicles, technical nuances come into play in workout and restructuring situations because of the special servicers and trustees involved. While bankruptcy filings are rare because filing typically violates a loan covenant known as a “Bad Boy provision," for some borrowers this path makes sense. This program will focus on these issues and more to prepare attorneys, financial advisors and other professionals for future restructuring assignments in this unique space.