Illinois State Approved Sessions

This panel will focus on covering lenders’ perspectives on chapter 11 strategy and options, such as note sales, out-of-court restructurings or formal bankruptcy sales, and will discuss lenders’ and borrowers’ perspectives on regulatory challenges and procedural issues, such as anti-trust and environmental concerns, that are sometimes raised during a bankruptcy case, as well as issues with § 363 sales, DIP milestones and restructuring support agreements.

This panel of subchapter V experts will discuss the multitude of issues that have developed since the enactment of the statute, and how practitioners can best deal with these issues.

This session will cover the use of independent special committees/directors and will include a discussion on what independence entails, including extended family relationships/financial referral relationships, even if they are not formalized.

This panel will discuss why the monetization of intellectual property (IP) has become a key strategic tool in restructuring, bankruptcy and acquisitions, and how the importance of monetization has evolved over decades. The panelists include experts in innovation, the role IP plays in bankruptcy and restructuring, how cross-border situations impact the monetization of IP, post-acquisition integration of the IP “footprint,” and other key topics of interest.

Sponsored by the Commercial and Regulatory Law Committees Our panel of experts will discuss strategies for effectively working with State Attorney General Offices to resolve hot-button commercial bankruptcy issues.

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 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.

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.

Hosted by the ABI's Asset Sales Committee The panel will discuss potential pitfalls to avoid when navigating the bidding process, the auction and the sale. The panelists will provide practical, real-world advice based on sales they have been involved in, and will discuss § 363 sales and other distressed sales.

Kirkland & Ellis LLP's Josh Sussberg will join Jessica Steinhagen and Ian Howland of Reorg's First Day team to provide an overview of 2021 chapter 11 filings data and trends, moderated by ABI Public Affairs Officer John Hartgen. They will also provide industry-level insights across various sectors and highlight key takeaways. Following 2020, the busiest year for chapter 11s on First Day record, 2021 was the slowest and is the first in at least six years to record fewer than 300 cases, with 275. All sectors recorded a drop in filings except for real estate and utilities. Real estate matched 2020’s total exactly, and utilities were up 57% because of Winter Storm Uri’s impact on power-producers in Texas. 2021 included five real estate chapter 11s with more than $1 billion in debt; the sector led all others with respect to filings.