Georgia State Approved Sessions

This session will focus on the unique challenges presented by distressed private investment funds, with an emphasis on identifying fraud risk and managing funds approaching the end of their lifecycle. The panelists will discuss common fraud red flags encountered in distressed fund scenarios and the practical steps professionals can take to investigate, mitigate and respond to those risks. The panel also will explore strategies for handling “end of life” funds, including wind-down considerations, stakeholder communications and regulatory issues. Particular attention will be paid to Cayman Islands’ segregated portfolio company (SPC) structures, highlighting structural complexities and best practices for insolvency, restructuring and recovery efforts.

Commercial real estate remains a sector to watch for restructuring and insolvency professionals, as the market continues to absorb the effects of elevated interest rates, bifurcated asset classes and uneven market performance. This forward-looking program will provide ABI members with a clear and comprehensive assessment of where the CRE economy stands as we begin 2026 — and what the year ahead may signal for distress, opportunity and capital markets activity. Featured will be the insights of Xander Snyder, senior commercial real estate economist at First American Financial Corp., whose research focuses on economic trends impacting commercial real estate, such as demographics, fundraising, investment and commercial lending. He monitors, analyzes and reports on economic data and surveys related to commercial real estate, and develops models and forecasts to better understand the forces that influence commercial real estate markets.

Valuation plays a critical role in cross-border insolvency and litigation matters, yet it often arises late in proceedings, creating challenges for practitioners. This panel will provide a practical overview of common valuation and regulatory issues that arise across jurisdictions, highlight key valuation approaches, and share real-world examples to illustrate best practices for addressing valuation challenges in complex cross-border cases.

This panel will discuss the key legal frameworks governing foreign evidence collection and judgment enforcement across several jurisdictions, including the U.S., England and the Cayman Islands. The panelists will discuss practical strategies for obtaining and using evidence from cross-border investigations in insolvency proceedings, including cross-border cooperation and recognition mechanisms, as well as discovery tools such as § 1782 and Rule 2004, Norwich Pharmacal orders and officeholder powers.

This panel will address the expectations for professionalism and civility in the conduct of litigation in and out of court, examining the different perspectives of the U.S., U.K. and Colombia in regards to their respective ethics rules and cultural frameworks.

This panel will examine conflicts of laws in cross‑border insolvency, focusing on U.S. standing rules versus foreign recovery statutes, offshore jurisdictional reach, and choice‑of‑law challenges. It will also provide practical strategies for planning around these issues to mitigate risk and achieve enforceable outcomes.

This panel will provide an overview of recent developments and trends in chapter 15 cross-border insolvency practice. The panelists will discuss notable recent cases, emerging issues in recognition, comity and cooperation, and evolving approaches taken by U.S. courts when coordinating with foreign proceedings. The session will highlight practical considerations for foreign representatives and parties in interest navigating chapter 15 proceedings and related cross-border disputes.

This panel addresses pressing issues related to the use of AI in the courtroom and the use of AI by the bankruptcy courts. The panelists focus on ethical issues related to the obligation of candor to the court, use of evidence, discovery and privilege issues, and the how the existing rules do or do not adequately address the current and expected AI landscape.Learning ObjectivesAttendees will recognize the ethical obligations of candor to the court when AI tools are used in preparing filings, evidence, or arguments.Attendees will examine emerging evidentiary, discovery, and privilege issues arising from the use of AI by litigants and the courts.Attendees will assess the adequacy of existing rules and standards in addressing current and anticipated uses of AI in bankruptcy practice.

This panel will analyze evolving approaches to the characterization of digital assets, focusing on the treatment of crypto in the GENIUS Act and the implications for priority, setoff, and customer vs. estate property rights. The panelists will discuss key recent decisions, including In re Prime Core and Celsius, addressing what constitutes property of the estate, the contours of constructive trusts and tracing, and the allocation of rights among customers, lenders and estate fiduciaries. The panel also will examine the legal status of stablecoins, including whether any super-priority liens can prime lawyers’ retaining or charging liens, and will assess the latest FTX decisions on sanctions, OFAC, and the permissibility of transfers to creditors in restricted jurisdictions such as China and Russia. Collectively, the panelists will present a practical framework for advising clients and litigating crypto-related insolvency issues across jurisdictions.

In this interactive roundtable, bankruptcy judges will engage in a candid discussion of prominent recent bankruptcy cases and decisions shaping the current insolvency landscape. Drawing on their judicial perspectives, the judges will explore emerging legal trends, notable rulings and practical implications for practitioners while highlighting areas of doctrinal development and unresolved questions.