Georgia State Approved Sessions

This panel will cover the various overlapping bankruptcy law and regulatory issues facing the transfer of a health care business, including financing obstacles, license transfers, successor liability, recapturing of Medicare or Medicaid overpayments, attorney general consent procedures, and related governmental issues particular to health care transactions. This practical panel will include tips of the trade for paving the way to a smooth closing and transition.

Which contract counterparty rights survive rejection, and what can be done when negotiating a contract at the front end to plan for or defend against the rule of Tempnology? This panel will discuss these issues and more.

This program considers the life cycle of a small business reorganization. Beginning 30 days before the debtor files its petition, continuing through the 90-day plan filing deadline, and hurtling toward confirmation, the panel discusses pre-bankruptcy planning and negotiation, debates eligibility and case management issues, considers best practices for utilizing the Subchapter V trustee throughout the case, and highlights tips and traps of plan formulation, contested confirmation hearings, and post-effective date matters. Our distinguished panel features the perspectives of the debtor (Chris Keach, Molleur Law), creditor (Kellie Fisher, Drummond Woodsum), the Subchapter V trustee (David Mawhinney, Bowditch & Dewey), and the bench (Hon. Peter Cary, United States Bankruptcy Court for the District of Maine).

FERC & PUC jurisdictions are not confined to oil and gas. What lessons can we take from that space for broader application in other regulated energy sectors? When does CFIUS review come into play, and what is involved?

This panel will cover assessing and negotiating a fee structure, how to prepare for the mediation, guiding participants toward making mediation statements useful, and tips for breaking the impasse.

Think you can cross-examine the opposing expert on her/his opinions that have been rejected or criticized in the past? Not so fast. What’s the appropriate premise of value? How many feet from the deathbed does the debtor have to be to adopt a liquidation premise? Does satisfaction of a contractual obligation conclusively establish reasonably equivalent value? Must you also avoid the obligation? What are the ways to establish compliance with industry standards under § 547(c)(2)? Will a fact witness suffice? What do you do when the opposing expert (or your own!) offers an opinion that’s not disclosed in the expert’s report? This panel of experts, litigators and a retiring judge will tackle these common-but-complex evidentiary issues.

Survey the landscape of filing trends through the first half of 2022 (Jan. 1-June 30), and gain an informed statistical perspective of what could happen next in bankruptcy, with this panel of key experts, who will be utilizing data provided by Epiq Bankruptcy Analytics.

This discussion will enhance the cross-examination skills of both new and seasoned litigators.