New York State Approved Sessions

Many of the challenges that exist in complex business cases are equally at play in small commercial cases. But whereas time and resources might be more abundant in the larger cases, small chapter 11 restructurings frequently demand a more organized — and affordable — process. In this session, the panelists will discuss strategies for efficient reorganizations in small commercial cases by examining different structures for maximizing success, including out-of-court restructuring alternatives, prearranged filings, disincorporation (the transfer of all assets to an individual owner, who then files) and mergers (the combining of entities to avoid multiple filings). The panel will also review Bankruptcy Code and local rules that can be utilized for a simpler, more efficient restructuring process.

This panel will review the implications — both good and bad — of the new plan and Rule changes from the debtor, creditor and trustee perspective and discuss what is working, what is not, workarounds, and what further reform is needed.

This panel will discuss the challenges facing colleges and universities, and the financial advisor’s role in assisting stakeholders in addressing these challenges. The panelists will discuss the dynamics associated with turning around a college or university and how that process differs from the kinds of turnarounds that most professionals are familiar with.

Rarely has a hashtag so completely captured the urgency and gravity of a major shift in national consciousness. This panel of experts will lead an interactive discussion on issues confronting the legal profession in the #MeToo world, examining legal, practical and ethical considerations through a series of vignettes. What should be done about the difficult client that represents a significant portion of firm revenue? What are best practices for lawyers in supervisory and managerial roles? What resources are available to attorneys who find themselves subjected to inappropriate or actionable conduct? How may explicit or implicit bias and harassment play out in the adversary system and in negotiations, litigation and the courtroom? Finally, what is the role of the judiciary in addressing these critical issues? The panel will tackle these questions head-on in a plenary ripped from today's headlines.

This panel will focus on what the numbers mean, who cares about them and why they care — and why you should care, too.

This panel will discuss current litigation/case law on discharge injunction violations and remedies, including sanctions.

This session will examine key chapter 11 plan and confirmation issues and considerations, including plan-support agreements, nonconsensual third-party plan releases, classification and voting, valuation and cramdown interest rates, and “gifting” in plans post-Jevic.

Limited liability companies are outpacing corporations as the preferred business form, but they are a newly popular type of entity. This panel will track LLC law as it rapidly evolves to deal with the unique issues LLCs present. How does the Bankruptcy Code interact with state law in handling these issues, including member- and manager-managed LLCs, single-member LLCs, LLCs as assets of an estate, charging liens, restrictions on attachment or transfer of membership interests, and forced insolvencies? Please join us as we examine the clues to unravel the case of this curious entity.

The only D&O insurance policy issues that get much attention — in the restructuring world, at least — are (1) the insured-vs.-insured exclusion and (2) obtaining stay relief to access policy proceeds. The panel will tell the “rest of the story” by addressing important — but often overlooked — coverage issues and offering practical advice for purchasing D&O insurance policies (on behalf of distressed entities) and monetizing such policies (on behalf of fiduciaries).

All types of hospitals — from acute care to highly specialized — are experiencing financial challenges. This is especially true for rural and nonprofit hospitals, which often rely heavily on slower and lower payments from Medicare and Medicaid. Often the best (or only) solution for a distressed hospital is a sale to a larger hospital operator or system. This panel will examine the unique challenges facing buyers and sellers in connection with such distressed hospital sales.