Pennsylvania State Approved Sessions

Hosted by the International and Young & New Members Committees This panel will discuss the advantages and disadvantages of filing bankruptcy under chapter 15 vs. chapter 11 in the U.S. where the prospective debtor is a multinational company, and the potential consequences of each type of filing across the capital structure of the company (e.g., secured creditors, unsecured creditors, equity, etc.). The panelists, all ABI 2017 ""40 Under 40"" honorees, will contrast the insolvency laws of specific countries with the U.S. Bankruptcy Code, and explain how these comparisons can ultimately guide a company's decision on whether to file in the U.S. and, if so, under what chapter.

Hosted by the Mediation and the Unsecured Trade Creditors Committees Formatted largely as a mock mediation session, this interactive panel will demonstrate best practices to prepare for, participate in, and successfully conclude a mediation session. Topics will include pre-mediation written submissions, preparing clients (and oneself) for a mediation session, managing the mediator and the client once the session begins, strategies for guiding a mediation session to a successful resolution, and tips for breaking an impasse.

This panel will present a lively discussion of key issues decided in business and consumer bankruptcy cases throughout the country over the past year.

This session will discuss motions to dismiss and motions for summary judgment, plus discovery and evidentiary motions, and tips on how to use motions practice to your advantage in adversary proceedings and contested matters.

This panel will discuss how young professionals can grow their practices, maintain contacts, improve their reputations and bring in business.

This panel will discuss issues inherent when a client files multiple bankruptcies, including dismissal, discharge, automatic stay, lien-stripping, chapter 20, married debtors, co-debtors and more.

This panel will discuss the rise of unitranche credit facilities, the differences between unitranche credit facilities and more traditional debt structures, and the appeal of a unitranche structure to borrowers, sponsors and lenders. The panel will also discuss bankruptcy-related considerations when negotiating an Agreement Among Lenders (the intercreditor agreement governing the respective rights of lenders in a unitranche credit facility), as well as recent intercreditor litigation.

Distressed health care is expected to be a busy practice area in 2017. Uncertainty surrounding the potential full or partial repeal and replacement of the Affordable Care Act will only increase disruption in this ever-changing industry. This panel will examine key issues regarding the intersection of health care and bankruptcy, along with the challenges facing health care providers. Topics will include health care regulatory issues relevant to § 363 sales, issues related to provider agreements, bankruptcy court jurisdiction over disputes with CMS, and potential opportunities for health care providers and distressed investors.

This session discusses to whom a debtor surrenders his residence, and whether a surrender prohibits the debtor from opposing a state court foreclosure action. The recent case of In re Failia (11th Cir.) sheds light on these questions.