Missouri State Approved Sessions

This panel will examine the fraudulent transfer (and other) risks associated with a leveraged transaction, including LBOs and dividend recap transactions, and the steps that may be taken to mitigate those risks. The panelists will approach each topic with a 360-degree view, exploring the issues from the perspectives of board members, debt capital providers and equity sponsors/shareholders.

Today’s chapter 11 cases tend to include upfront announcements of the debtor’s preferred exit strategy. We often see the debtor’s first-day announcement of a pre-negotiated plan structure or an already “half-baked” sale process, as well as DIP loan covenants, driving the announced strategy to a quick and assured conclusion. But what if that plan or sale process is not designed (perhaps intentionally so) to accurately reflect the business’s true inherent worth? This panel will explore how a debtor’s ultimate valuation can be determined more by the bankruptcy process than by the underlying business data.

The COVID-19 pandemic, as well as recent political and economic events, have highlighted a number of complicated and hotly debated issues regarding the valuation of airlines in the context of restructurings. This panel will discuss, among other things, how macroeconomic issues are impacting business plans and valuations, the way valuation issues play out in large airline restructurings, and investors’ views on the role that valuation plays in investment decisions and negotiations of restructuring transactions.

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.

Industry experts from the past four decades will walk attendees down insolvency memory lane.

Over the past decade, companies burdened with significant asbestos and other tort liability have utilized the so-called “Texas Two-Step” strategy to separate those tort liabilities from core assets and resolve them through the chapter 11 bankruptcy process. This session will cover isolating liabilities to preserve ongoing value with mass torts and corporate side changes, and subsequent bankruptcy issues, including venue, ongoing operations, valuations and third-party releases.

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 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.

Join ABI's Diversity Working Group to hear from experts on the current trends related to gender identity and pronoun usage, workplace liability issues and more.