Pennsylvania State Approved Sessions

As cross-border restructurings continue to grow in complexity, courts are increasingly confronted with questions surrounding a debtor’s center of main interests (COMI) and the appropriate jurisdiction for insolvency proceedings. This panel explores recent chapter 15 decisions and trends affecting COMI determinations, the limits of international forum-shopping, and the practical implications for debtors, creditors and other stakeholders. The panelists also discuss emerging issues and developing case law shaping the future of cross-border insolvency practice.Learning Objectives:Attendees will identify recent Chapter 15 decisions and trends affecting the determination of a debtor's center of main interests (COMI).Attendees will analyze the limits of international forum shopping and their practical implications for debtors, creditors, and other stakeholders in cross-border insolvency proceedings.Attendees will recognize emerging issues and developing case law shaping the future of cross-border insolvency practice.

This panel keeps bankruptcy practitioners current on the substantive and procedural aspects of litigation in both contested matters and adversary proceedings.Learning Objectives:Attendees will identify key substantive and procedural distinctions between contested matters and adversary proceedings in bankruptcy court.Attendees will apply current procedural rules and best practices to effectively litigate claims and disputes within bankruptcy proceedings.Attendees will recognize recent developments in bankruptcy litigation that may impact case strategy and outcomes.

Third-party releases remain one of the most heavily litigated and closely scrutinized issues in bankruptcy practice. This panel examines recent developments shaping the scope and availability of releases for direct and derivative claims against nondebtors, including the evolving legal landscape following recent court decisions. The panelists discuss practical strategies for obtaining approval of third-party releases, alternative deal structures when releases may not be available, and approaches to minimizing liability exposure while maximizing value and recoveries for creditors across a variety of restructuring and liquidation scenarios.Learning Objectives:Attendees will identify the current legal standards governing the scope and availability of third-party releases for direct and derivative claims against non-debtors, including recent court decisions reshaping this area.Attendees will evaluate alternative deal structures and practical strategies for obtaining approval of third-party releases in restructuring and liquidation matters.Attendees will assess approaches for minimizing liability exposure for non-debtor parties while maximizing value and recoveries for creditors.

Subprime lending is showing signs of strain — especially in the auto sector, where recent lender failures highlight growing vulnerabilities. This panel examines what’s driving stress in subprime auto lending, the implications for the broader credit market, and risks in areas like merchant cash advance (MCA) financing. Attendees gain insights into emerging cracks in the market and what they may signal for the economic outlook.Learning Objectives:Attendees will identify the market forces and operational challenges contributing to distress in the subprime lending sector, with a focus on subprime auto finance.Attendees will analyze the impact of lender failures, rising defaults and tightening credit conditions on borrowers, lenders and the broader credit markets.Attendees will evaluate emerging risks in related financing sectors, including merchant cash advance (MCA) lending, and assess what these developments may signal for future restructuring activity and economic conditions.

This panel provides an overview of the procedures of obtaining and challenging a corporate debtor’s authority to file. The panelists explore the strategies associated with navigating filing decisions for businesses with complex business structures and provide practical insights into make such decisions. This panel also examines case law trends and developments associated with corporate filing authority and challenges thereto.Learning Objectives:Attendees will understand the legal requirements for establishing bankruptcy filing authority within complex ownership and governance structures.Attendees will analyze common disputes involving corporate authority, organizational documents and stakeholder consent rights.Attendees will evaluate best practices for identifying and resolving filing-authority issues before and during bankruptcy proceedings.

This panel explores the evolving landscape of mortgage-servicing in bankruptcy under Federal Rule of Bankruptcy Procedure 3002.1, with a focus on recent developments following the Klemkowski decision. The panelists discuss practical implications for servicers, debtors and practitioners, including notice requirements, fee and escrow claim procedures, and common compliance pitfalls. The panelists also will provide guidance on how courts are interpreting Rule 3002.1 and what the Klemkowski ruling means for future practice and litigation strategy.Learning Objectives:Attendees will understand the requirements of Rule 3002.1 and recent developments affecting mortgage-servicing practices in bankruptcy cases.Attendees will analyze the impact of the Klemkowski decision on notice obligations, fee claims and escrow-related disputes.Attendees will identify compliance risks and develop strategies for effectively litigating and resolving Rule 3002.1 issues.

This panel explores current trends in automatic stay litigation and the practical strategies used by debtors and creditors in contested cases. The panelists discuss common dispute scenarios, evolving court approaches, and key considerations for navigating stay relief, enforcement actions and related risks in bankruptcy proceedings.Learning Objectives:Attendees will identify current trends and emerging issues in automatic stay litigation.Attendees will analyze strategic considerations for pursuing or defending stay-relief motions, enforcement actions and related disputes.Attendees will evaluate practical approaches for minimizing risk and achieving favorable outcomes in contested stay matters.

When a distressed business is in “free fall,” the most consequential decisions often occur before a petition is ever filed. This panel examines the high-stakes strategic choices lenders, debtors and fiduciaries face in the critical pre-petition window and how those decisions can shape, or derail, the outcome of a restructuring. The panelists explore such questions as whether a secured lender should sweep operating accounts holding cash collateral, when a debtor should pursue chapter 7, chapter 11 or an assignment for the benefit of creditors, and whether consenting to a receivership may offer a better path. The panelists also address insider claim resolution, preferential or critical vendor payments, employee compensation issues, and the litigation risks that follow pre-filing conduct.Learning Objectives:Attendees will identify critical pre-petition decisions that can significantly affect the outcome of a distressed business restructuring.Attendees will analyze strategic alternatives, including chapter 7, chapter 11, receiverships and assignments for the benefit of creditors.Attendees will evaluate litigation risks and stakeholder consequences arising from pre-filing conduct, cash management decisions and insider transactions.

This panel provides a practical overview of SBA lending, including key loan programs and underwriting fundamentals, followed by a deep dive into servicing requirements and regulatory compliance. The panelists also address common challenges in chapter 11 cases — such as valuation disputes, voting and confirmation issues (including subchapter V), and the complexities surrounding guarantors — offering actionable insights for navigating SBA-backed restructurings.Learning Objectives:Attendees will understand the structure, underwriting and servicing requirements associated with SBA-backed lending programs.Attendees will analyze common bankruptcy issues involving SBA loans, including valuation disputes, voting rights and plan confirmation challenges.Attendees will evaluate strategies for addressing guarantor liability and restructuring SBA-backed obligations in chapter 11 and subchapter V cases.

This panel explores the evolving and fact-intensive concept of good faith in chapter 13 bankruptcy, with a focus on plan confirmation and post-confirmation modifications. The panelists examine how courts interpret “good faith” under §§ 1325 and 1329, common red flags that can trigger bad-faith findings, and key strategic considerations for trustees, debtors’ counsel and creditors when modifications are proposed. Through statutory analysis, leading case law and practical examples, the panelists address when plan confirmation calls into question the good faith of the debtor and/or their counsel and proposed modifications cross the line from legitimate adjustment to improper use of the Bankruptcy Code. Topics include income and expense changes, serial or late-stage modifications, treatment of unsecured creditors, disclosure obligations, and the role of debtor conduct before and after confirmation.Learning Objectives:Attendees will understand the good-faith requirements of §§ 1325 and 1329 and how courts evaluate good faith in chapter 13 plan confirmation and post-confirmation modification proceedings.Attendees will identify common factual circumstances and litigation issues that can trigger good-faith challenges, including changes in income and expenses, serial filings, disclosure obligations and debtor conduct.Attendees will analyze recent case law and practical strategies for evaluating, prosecuting or defending plan confirmation and modification disputes involving allegations of bad faith.