South Carolina State Approved Sessions

Insolvency professionals work in a multitude of environments, including firms of all sizes, in-house and at financial advising companies. Not every job will have a dedicated DEI department or director. This panel will address how legal professionals can still encourage diversity within the insolvency profession and promote the inclusion of diverse legal professionals at every level.

This panel of ABC-certified judges will discuss the applicable rules of professional conduct and other authority implicated in electronic filing, the use of email, “phishing” scams and hacking, and technology issues raised by today’s pandemic practice. The panelists will also consider issues raised by the requirement that many professionals must file public fee applications in bankruptcy cases, as well as fee issues stemming from converted cases, insufficient content in the applications, and problems that arise when the results achieved and the fees sought bear little relationship to each other. Finally, the panelists will consider unique professionalism issues raised by attorneys and law firms as bankruptcy debtors, particularly involving clients and the use of IOLTA accounts, along with more general do’s and don’ts about practicing in bankruptcy court before, during and (hopefully) after the pandemic.

Hosted by the Claims Trading and Financial Advisors & Investment Banking Committees This panel will discuss out-of-court loan-priming issues such as Serta and Transocean, among others.

The hotel and hospitality industry has been massacred by the pandemic. How can the Bankruptcy Code, chapter 11 and subchapter V help the industry restructure and survive? This panel will provide analysis and perspective.

Hosted by the Consumer Bankruptcy and Legislation Committees This panel will compare Sen. Elizabeth Warren’s bill with the ABI Consumer Commission’s Final Report, released in 2019, and will address consumer bankruptcy legislation that could be introduced this spring.

A panel of judges and ABI 40under40 honorees will be debating key bankruptcy issues including arbitration disputes, cramdown provisions and more! Listen in, weigh in and learn a lot! First Debate Cramdowns “East vs. West” Resolution 1: An arbitrator should decide whether disputes in bankruptcy cases and proceedings are subject to arbitration. Pro: Andrew Helman Con: Lindsi Weber Resolution 2: All disputes in bankruptcy cases and proceedings can be subjected to binding arbitration. Pro: Hon. Michael Fagone Con: Hon. Daniel Collins Second Debate Cramdowns “North vs. South” Resolution: Section 1129(a)(10) dictates that a joint chapter 11 plan may be confirmed if a single impaired class with claims against any debtor accepts the joint plan. Pro: Hon. Mary Grace Diehl & Jonathan Edwards Con: Hon. Michael Wiles & Erica Weisgerber

Hosted by the Ethics & Professional Compensation and Mediation Committees The panel will provide an overview of certain bankruptcy laws and rules relevant to mediation, using vignettes or hypotheticals to set the scenes for in-depth discussions of the relevant rules of professional responsibility and ethical concerns.

Sponsored by ABI and INSOL The joint ABI/INSOL International panel will examine the current and future trends for the automotive industry, which is currently in a period of transition. Supply chain challenges and a decline in sales is putting put near term pressure on the balance sheets of OEMs and suppliers alike, as they face price increases for materials and an inability to produce product. Long term, electric vehicles and their infrastructure needs will continue to shift market dynamics, with new market players facing short timelines to ramp up production and existing manufacturers trying to balance the production mix between internal combustion engines and electric vehicles. Will these companies face challenging restructurings similar to those in previous downturns, or will new global restructuring regimes help ease the path to resetting their capital structures?

Join Bill Rochelle as he hosts a panel of bankruptcy judges to discuss circuit splits on important bankruptcy issues. This panel will feature a fun game-show format where judges will vote to resolve the issues before they reach the U.S. Supreme Court.

Before the DIP-financing or cash-collateral negotiation begins, there are a number of ways you can help your cash-strapped debtor raise cash. This session will share valuable tips for what you can do before reaching out to your client's lender, and how you can help fund a debtor from the first call until a sale or plan confirmation.