Arizona State Approved Sessions

Post-confirmation trusts increasingly have become a popular means of obtaining plan confirmation and administering estate assets, pursuing litigation, and resolving a variety of disputes in chapter 11. While the use of post-confirmation trusts provides a host of benefits, it may provide traps for the unwary. This panel will explore issues and challenges that frequently arise in structuring and implementing post-confirmation liquidating and litigation trusts, including preservation and limitations of estate powers, analysis and pursuit of litigation, and practical challenges to winding down assets after former officers, directors and employees are no longer incentivized (or compensated) to cooperate. The panel will bring a wealth of nationwide experience to bear, along with the perspectives of post-confirmation fiduciaries, debtors and creditors alike.

Bankruptcy work is highly stressful and intense, yet few insolvency professionals have ever received science-based training on how to improve their emotional well-being, mental health or cognitive functioning. No matter who we are or how successful we are, we can all make progress in reducing our stress, improving our happiness, and enhancing our cognitive functioning in our work. During this keynote presentation, you will learn about the neuroscientific, biochemical and physiological connections between stress and cognition. You also will be provided with a collection of tangible, science-based tools and techniques that you can put to use the very next day to reduce stress and enhance cognitive functioning in your career and life. Specific techniques of body, emotion and mind will be shared to help you unlock your fullest potential, optimize your resiliency, and achieve your highest form of success in your work. A happier and more successful version of you awaits!

This panel will discuss the recent BVI Court of Appeal decision of Net International Property Limited v. Erez (22 Feb. 2021), along with recent decisions in Hong Kong, Singapore, England and Wales. The panelists will also consider alternatives to recognition and assistance, and practical considerations when there are joint appointments with BVI liquidators.

This panel will discuss the current and post-pandemic view of the impact of mandatory vaccinations on post-acute care, including the relaxation of the three-day rule on quality of staffing, bracing for changes in the future of infection control, the effects of cost structures from PPE expenditures, the movement toward home health care, visitation limitations and their psychological effects on patients, patient care ombudsmen and their usefulness, the impact of COVID-19 on private equity and varying facets of post-acute care, and insolvency and exit strategies for health care providers.

This panel will discuss recent developments in mass tort bankruptcy cases, including the Purdue Pharma case and the Texas Two-Step (divisive merger), as well as its viability given recent rulings, including in In re DBMP LLC and In re Aldrich Pump, which suggest that divisive mergers may be subject to challenge as fraudulent transfers or under alter-ego, successor-liability and similar doctrines. Developments in third-party releases and legislation aimed at prohibiting third-party releases and limiting forum-shopping will also be discussed.

This panel will discuss the impact the COVID-19 pandemic has had on the travel and hospitality industry, including how airlines, cruise lines and hotels have managed through the crisis so far, what’s next for the industry once the pandemic becomes endemic (and hopefully milder), and the unique issues that arise in hotel property workouts and bankruptcies.

This panel will discuss notable chapter 15 and cross-border insolvency cases decided in the past year, including those involving the scope of discovery available to foreign representatives, § 109 eligibility, and the use of chapter 15 to bind creditors to confirmed plans. The panelists will also discuss logistical and practical solutions in running chapter 15 cases.

This panel will provide an update on cryptocurrency’s adoption and integration into the global financial system. The panelists will share practical approaches for bankruptcy practitioners to identify, take possession of and manage cryptocurrency in bankruptcy cases. The panelists will also discuss strategies for debtors in possession and bankruptcy trustees to preserve the value of crypto-estate property.

This panel will explore new uses for traditional entity types and look at other types of Cayman entities and their uses in the Caribbean area and in the U.S. Industry and legal experts will discuss what the entities are and what is being done with them, as well as the bankruptcy/insolvency issues and effects that might exist for segregated portfolio companies (SPCs), special purpose acquisition companies (SPACs), exempted limited partnerships, foundations and limited liability companies (LLCs).

Sponsored by Squire Patton Boggs From the pandemic to Europe’s largest military conflict since World War II, it seems the world is moving from one extraordinary period to another. The conflict in Europe has generated a maze of rapid legal, political and economic responses from authorities around the globe. Those actions are rippling through capital, markets and boardrooms as businesses grapple with how to respond. Join ABI and a panel of experts to discuss where we are headed and what businesses should consider.