South Carolina State Approved Sessions

This session will examine current developments in chapter 11 professional ethics, including recent court decisions and best practices in disclosure for retained professionals. The panelists will discuss these issues in the context of certain factual hypotheticals intended to explore current case developments and the outer boundaries of chapter 11 disclosure and ethics rules and practice, including relating to the use of artificial intelligence technology in litigation.

Corporate restructuring has recently experienced a significant transformation. Traditional business “rehabilitations” (sweeping and lengthy chapter 11 proceedings) have become truncated, and “pre-arranged” cases often follow a strategic liability-management exercise (LME). Jurisprudence that had long constrained debtor-in-possession (DIP) financing (e.g., the sub rosa plan doctrine) has seemingly lost its importance. In many cases, the creditors' committee — as well as the bankruptcy court — are boxed into restructuring support agreement (RSA) terms that are, in turn, embedded into DIP covenants, and those covenants often compel a particular (rightful or wrongful) case outcome. This panel will evaluate whether chapter 11 still reliably delivers on its legislative purpose.

Do you know your ABCs? Who’s that receiver? What do you do if there is THC involved? When bankruptcy isn’t the answer (or even when it is), this panel will discuss some alternatives to employ in unique situations.

This panel will provide a refresher and interactive discussion on secured transactions in bankruptcy cases. The panelists will discuss the basics of secured transactions, including attachment and perfection, in addition to the interplay between UCC Article 9 and the U.S. Bankruptcy Code. The panelists will focus on the relationship between the obligor/debtor and the secured party, with an interactive discussion concerning the competition for priority among secured parties, lien creditors and trustees asserting competing interests in the same collateral.

This panel will update practitioners on recent bankruptcy case law developments through engaging discussions and participant comments.

This lively discussion will dive into the current economic environment in Utah and the U.S. generally, with a focus on such trending issues as employment, wages, interest rates and population growth. Learn how to prepare for success in these uncertain times.

Featuring the regional judges of the Rocky Mountain Bankruptcy Conference, this session will strive to answer questions you have on current issues.

Mentorship is a cornerstone of professional development and plays a critical role in shaping the future of the bankruptcy bar. This conversational panel will explore how intentional, well-structured mentorships can foster talent, promote inclusion, and build a strong foundation for the next generation of bankruptcy professionals. The panelists will share practical strategies for cultivating meaningful mentor/mentee relationships in both formal and informal settings, including within law firms and financial institutions. Special attention will be paid to the unique opportunities judicial clerkships provide in mentoring early-career attorneys, and how experienced professionals can actively guide aspiring lawyers toward careers in bankruptcy law. The discussion also will highlight the benefits of reverse mentorship, wherein junior professionals offer fresh perspectives and insights that help senior professionals and leaders adapt to emerging trends, technologies and cultural shifts. Attendees can expect an engaging, experience-driven conversation with actionable takeaways.

This panel will examine the latest pressure points in bankruptcy financing at both conceptual and granular levels, including pre-petition bridge loans, stalking-horse financings, roll-ups, intercreditor and intralender disputes and protections, DIP sizing and budgeting issues, and the overall effect of DIP and cash-collateral orders on case trajectory.

This panel will explore key bankruptcy litigation issues that are currently the subject of significant interest and debate, including (1) how bankruptcy courts address gerrymandering in the classification context, and how such concerns may arise in connection with liability-management transactions; (2) how debtors may attempt to effect "backdoor" estate releases through sale transactions whereby the buyer of the assets acquires estate claims and causes of action, and whether such attempts invoke concerns of a sub rosa plan; and (3) how the standard of adequate protection should be interpreted when a debtor is using cash collateral to maintain operations as a going concern where the alternative is a potentially value-destructive chapter 7. The panelists also plan to address the jurisdictional split regarding whether the confirmation requirement of an impaired accepting class requires a "per plan" or a "per debtor" approach for multi-debtor plans.