Missouri State Approved Sessions

Section 506(c) and 552(b) waivers have become a staple in the pre-petition-lender-turned-DIP-lender toolbox. But what are the unsecured creditor’s tools for pushing back, and the arguments for why value that accrued post-petition might properly be reserved for junior creditors? Apart from collateral battles, this panel will explore the types of securities or other considerations that some plans have distributed to the class junior to the fulcrum security in acknowledgment of the potential asset appreciation not fully realized at the time of plan negotiation, as well as the ABI Commission’s recommendation to implement a “Redemption Option Value” — and the challenges that such structures pose.

The senior living sector, already stressed prior to the pandemic, has been upended by COVID-19. This panel will discuss the effects that COVID-19 has had on operational and financial performance, business models past and future, and the real estate valuations of senior living facilities. The panel will also identify what in-court and out-of-court alternatives exist, and will highlight adaptive reuse opportunities for owners and operators of these facilities. Participants will learn about the operational and financial ramifications that COVID-19 has wrought on senior living facilities, the various in-court and out-of-court alternatives available to restructure these facilities, and trends in senior living business models. The panelists also will explore various alternative financing options available for distressed businesses, including sale-leaseback and bridge financing, as well as potential adaptive reuse issues and alternatives for facilities that close.

In today’s bankruptcy world, most major cases involve at least one pre-petition class action. This panel will focus on the distinction between mass tort claims and other types of class actions, recent case law addressing the proper procedures for asserting class claims, the allowance of class claims and compensation of class counsel, and the final resolutions of class claims, either by way of settlement or pursuant to plans. Other cutting-edge issues surrounding class claims also will be discussed.

This panel will discuss litigation funding, conflicts and disqualifications, client complaints, mediation and dealing with pro se litigants.

This follow-up session will focus on student loan strategies, tax issues, dealing with the chapter 7 trustee and violations of the discharge injunction, and will include an update on Taggart.

Sponsored by ABI's Real Estate Committee Please join ABI's Real Estate Committee for a dynamic 2022 economic outlook presentation featuring a real estate economist and professionals. Topics will include a review of the industrial, hospitality, retail and office sectors; the impact of inflation on the real estate economy; last-mile logistics; and other timely topics to arm practitioners with important knowledge about the real estate economy. The program will conclude with a question-and-answer period.

This panel will provide an update on the key technological issues facing practicing attorneys today, including cyberattacks, software needs, Zoom updates, electronic signatures, hybrid hearings and cryptotechnology, as well as decentralized autonomous organizations and tokenized assets (i.e., NFTs, metaverse and DeFi).

Many businesses thrived and grew during the COVID-19 pandemic, while others died on the vine. How do you understand the value of distressed businesses in a post-COVID-19 world? This panel will explore how to evaluate post-COVID-19 business plans and tax strategies to enhance and preserve value.

This panel will focus on alternative fees in bankruptcy and litigation financing, pursuing claims against third parties and derivative claims/reflective losses, the assignment of claims and court sanctioning.

This panel will focus on subchapter V eligibility, privileges and contested confirmation issues.