Alaska State Approved Sessions

The only D&O insurance policy issues that get much attention — in the restructuring world, at least — are (1) the insured-vs.-insured exclusion and (2) obtaining stay relief to access policy proceeds. The panel will tell the “rest of the story” by addressing important — but often overlooked — coverage issues and offering practical advice for purchasing D&O insurance policies (on behalf of distressed entities) and monetizing such policies (on behalf of fiduciaries).

The restaurant industry, particularly the fast food and fast casual sectors, is under pressure from rising food and labor costs, the changing dining habits of millennials, and decreased foot traffic at retail shopping centers. This panel will examine those trends and explore potential strategies to maximize enterprise value, both in and out of bankruptcy court.

All types of hospitals — from acute care to highly specialized — are experiencing financial challenges. This is especially true for rural and nonprofit hospitals, which often rely heavily on slower and lower payments from Medicare and Medicaid. Often the best (or only) solution for a distressed hospital is a sale to a larger hospital operator or system. This panel will examine the unique challenges facing buyers and sellers in connection with such distressed hospital sales.

This panel will examine the factors considered by debtors and their advisors when determining where to file a large chapter 11 business case, and the occasional efforts to have the case transferred to a venue that is arguably more convenient to creditors, employees and/or shareholders. The panel will also discuss the pending legislation known as the Bankruptcy Venue Reform Act of 2018 (S. 2282) — as well as the arguments both supporting and opposing its passage.

.video-container { position:relative; padding-bottom:56.25%; padding-top:30px; height:0; overflow:hidden; } .video-container iframe { position:absolute; top:0; left:0; width:99%; height:100%; } Courts wrestle with applying Husky to except from an individual’s discharge creditor claims involving fraud or fraudulent transfers. Some courts carve a narrow path, while others take the opinion at its fullest meaning, suggesting a broad new cause of action for nondischargeability. This is especially true for directors and officers who use their control of nondebtor entities to benefit from fraudulent activity, including actual and constructive fraudulent transfers. Such actions also give rise to related breach of fiduciary duty claims and aiding-and-abetting liability that likewise could prove to be nondischargeable. The panelists will debate claims and defenses based on the evolving case law, and share their views on what lies next.

This panel will review and debate issues regarding the new official form for chapter 13 plans, including how courts are tinkering with Rule 3015.1 — and why courts think they have the ability to do so.

This panel will address various ethical issues including conflicts, chapter 7 bundling and payment arrangements, and chapter 11 retention and fee applications. Learn how to identify potential conflicts, and discover strategies to deal with them. The panel will also discuss the negotiation of fee agreements before and the application for payment of fees during bankruptcy cases.

Join us for a round of the “ABI Talks,” with speakers focusing on the ABI Consumer Commission, litigation finance in bankruptcy, transfers and more.

This panel will discuss pre-petition considerations, disposition of assets and conversion concerns at issue in individual chapter 11 cases.

This panel will focus on numerous chapter 7 issues, such as avoidable transfers, abandonment, exemptions, reopening of cases and asset-protection trusts.