South Carolina State Approved Sessions

This panel will address the basic question that all practitioners want answered: How do we get more work? The answer to this and other questions will come from a panel of in-house counsel in different industries and a bankruptcy judge, who will discuss selecting, hiring and cementing relationships for outside counsel for bankruptcy engagements.

This panel will discuss the diverging good-faith and bad-faith standards governing dismissal of bankruptcy petitions under § 1112(b)’s “for cause” provision, including for an alleged lack of financial distress in the wake of the Third Circuit’s LTL decision in 2023. The panelists also will discuss post­-LTL efforts to impose a similar standard in the Fourth Circuit in the Bestwall and Aldrich & Murray cases, which thus far have been unsuccessful.

For many reasons, distressed commercial real estate appears to be a part of the foreseeable corporate landscape. As businesses wrestle with back-to-the-office issues and retail bankruptcies, the market is bracing for an influx of tenants and landlords struggling with increased interest rates and property owners addressing debt maturities with an often-shrinking tenant base. This panel will help attendees navigate the effects of these issues, and what they could mean for investors and restructuring professionals, by presenting the perspectives of landlords, debtors, committees and lenders, as well as the bench.

This interactive and informal panel will discuss pathways to promotion, navigating the judicial selection process or preparing for an award or similar application, and how to effectively promote others applying for recognitions or awards. The panelists also will provide tips for harmonizing personal and professional lives.

A good insolvency professional knows that bankruptcy is not necessarily a good fit for every distressed situation. This panel will discuss why bankruptcy is not always the best option, and why alternatives such as assignments for the benefit of creditors, receiverships and Article 9 sales might be better fits.

This panel will discuss the factors that attorneys who represent debtors should consider in deciding whether to file chapter 7, chapter 13 or subchapter V cases for their individual clients.

This panel will consider the status of and current issues surrounding subchapter V, and predict where subchapter V is going based on recent decisions and trends. Key issues to be addressed include eligibility and debt limits, bar dates, confirmation, corporate discharges, the role and powers of the trustee, and more!

This panel will explore the growth of private credit as an established asset class, as well as trends in private credit restructurings. The panelists will explain the private credit market generally, key differences between direct lending and the broadly syndicated market, and the relationship between private credit and private equity. The panelists also will highlight private credit restructuring trends, including the factors that drive success for an out-of-court restructuring, and will spotlight some tools in the private credit restructuring toolbox.