South Carolina State Approved Sessions

This panel will discuss the fallout from the recent “crypto winter,” and what it means for bankruptcy practitioners and their clients, both legally and practically. The panelists will focus on recent developments in major crypto bankruptcy cases, take a look at what is next for restructurings in the crypto industry and regulatory issues, and provide practical tips for lawyers and clients when engaging with crypto companies.

This session will discuss crypto asset and exchange valuation parameters and deal structures, and how investors and analysts alike were duped by FTX and its founder, Sam Bankman-Fried, to invest in his multibillion-dollar Ponzi scheme. SBF had painted himself as an industry saint, but he now acknowledges the firm's “massive failure of oversight of risk management.” The panelists will analyze 2022's largest crypto failures — FTX, BlockFi, Three Arrows Capital, Voyager Digital and Celsius Network — and will address their crypto asset valuation parameters, forensic data sources, trading models, likely stakeholder recoveries, failures of internal controls, current and likely future regulatory controls, and corporate integrity and governance protocols in order to understand how these virtual currencies rose and subsequently collapsed.

Determining the valuation of a startup poses unique challenges, as typical valuation methodologies, such as analyzing comparable companies, precedent transactions and discounted cash flow analyses, cannot be applied with the same degree of confidence to a company that is lacking an established track record. This panel will examine these challenges and provide insights into valuing a startup from financial, legal and judicial perspectives.

This session will be divided into three 25-minute mini-panels, with each segment featuring two industry experts from the automotive, real estate and skilled nursing/senior care industries, respectively. The panelists will highlight the latest hurdles these often unpredictable businesses face in a volatile post-COVID-19 economy, including the effects of inflation, ongoing staffing and supply chain issues, potential liquidity crunches and other challenges.

This panel will focus on the current state of the capital markets and their impact on corporate refinance and restructuring opportunities. Given recent economic events, including inflation, interest rate hikes and their ramifications on the financial sectors, the panelists will discuss and explore those events and how they could affect the ability of companies to access the capital markets. The panelists also will explore how access to the capital markets could force a company to restructure or refinance existing obligations given the recent history of low interest rates and easy access to funding.

Join ABI’s executive director for a discussion with experts on (and close to) the Hill as they analyze current, pending and expected legislation addressing key insolvency issues

This session will delve into what is happening at the circuit level regarding jurisdiction and standing, and how both bankruptcy practitioners and judges could be affected — regardless of what types of cases they typically see.

This panel will compare and contrast the roles of chapter 11 trustees, chapter 7 trustees, CROs and independent directors when a case is fraudulent.

What is a DSO, and what does that bankruptcy provision in every Property Settlement Agreement mean, anyway? What debts are dischargeable, and if it is called “support,” is it truly support? Does the stay need to be modified post-petition in a chapter 13, and what do you do when a current chapter 13 client ends up in divorce court? This panel will address these questions and more, including the differences between chapters 7 and 13, and what actions are stayed.