Arizona State Approved Sessions

This panel will address recent case developments in fraudulent transfer and preference law, and their practical implications for practitioners. The discussion will include whether and how to advise clients preparing for bankruptcy with an eye toward fraudulent transfer and preference issues, and whether and how to recover on and monetize these actions during bankruptcy.

Panelists from around the Central States region will discuss the current status of receiverships in their states, with a specific focus on cannabis cases.

The panelists and the audience will discuss the fundamentals of mediation and risk assessment, focusing on key skills that can increase the effectiveness of their mediations. This session will cover best practices for mediators to maximize their chances for successful mediations, common pitfalls in assessing your client’s risk and how to overcome them, and the importance of confidentiality in mediation.

This panel will discuss the current (post-COVID) landscape of retail and franchise cases, as well as pre-filing issues, first-day issues, post-filing “right-sizing” and § 363 sale issues.

Following a brief introduction into the modern-day Wild, Wild West of currency that is crypto, this panel will discuss the rise in crypto bankruptcy filings, the unique issues and challenges of crypto bankruptcies, and the future of crypto.

Using case law examples, this panel will discuss various aspects of subchapter V in the three years since it became law. Topics will include § 523 and non-individual debtors, whether the minimum required information (e.g., cash flow, tax returns, MORs) is enough to allow creditors to make informed decisions, the role of the subchapter V trustee, the U.S. Trustee guidelines for subchapter V trustees and whether they broaden the role beyond what is set forth in 11 U.S.C. § 1183, what happens when the subchapter V trustee’s role becomes burdensome on small business debtors, and the issues on which a subchapter V trustee has standing to appear before the court.

Session 1: Understanding Executory Contract Rejection: Damages, Valuation and Strategy When a debtor files for bankruptcy, it has the option to reject executory contracts, or agreements under which both parties have yet to completely fulfill their obligations. In this panel discussion, experts will explore the process of evaluating the rejection of executory contracts, particularly in cases where the debtor is considering rejecting one or more supplier contracts (vs. leases or other financial obligations of the debtor) and where the case is likely to result in a sale. We will cover: the reasons why a debtor might reject a contract, and the evaluation process for making this decision; the process of accessing the rejection damages to enable bid comparisons and informed planning and decision-making; and how the courts rule on comparing bids that differ on rejections and damages, including the legal standards used to determine the appropriate compensation for the other party. Whether you represent creditors or debtors, or are interested in learning more about contract rejection, this webinar will provide you with valuable insights into the complex world of bankruptcy law and real-world case studies. Join us to gain a deeper understanding of the decision-making process and potential damages involved in rejecting executory contracts.