South Carolina State Approved Sessions

This panel will discuss hot topics in 2022 chapter 11 filings, including the “Texas Two-Step” strategy (e.g., J & J/JTL Management, LLC, Certain Tweed/DBMP LLC, Georgia Pacific/Bestwall, and Trane Technologies/Aldrich Pump) and 3M; Siegel v. Fitzgerald (what happens now, and what the remedy will be on remand); an update on third-party releases; and bankruptcy-related cases the Supreme Court is going to hear this term.

This panel will discuss the latest updates on cross-border fraud issues, including the cross-border interplay between the SEC and U.S. state receiverships, domestic litigation, and liquidations in the Cayman Islands. The panelists will highlight the SEC v. TCA Fund case, which involved a huge fraud committed on investors in a master feeder structure, the issues surrounding the Florida receiver’s motion to approve a distribution plan in that case, and the conflict with Cayman law that, if applied, would produce a drastically different result than the plan proposed by the receiver.

This panel will discuss some key issues under § 503 of the Bankruptcy Code, including substantial contribution claims (§ 503(b)(3)(D)), § 503(b)(9) claims for goods received by a debtor within 20 days of the petition date, and insider incentive payments under § 503(c).

This panel will focus on the ethical risks involved in serving as local counsel, special counsel and conflicts counsel. The panelists will discuss the role of the court in monitoring and reviewing the scope and responsibilities of counsel in each of these roles, and will discuss relevant case law impacting an attorneys’ ethical obligations, both to clients and to the court.

This panel will address recent decisions, including Modern Land, affecting the standard for recognition of a foreign insolvency proceeding as either a foreign main or nonmain proceeding. Additionally, the panelists will discuss recent decisions concerning third-party releases in chapter 15 cases, including In re PT Pan Brothers Tbk, Case No. 22-10136-mg (Bankr. S.D.N.Y. 2022).

The panel will discuss the impact of the amendments to the Cayman Companies Act, which introduce the ability of a company to restructure under the supervision of a company restructuring officer on grounds that the company is or is likely to become unable to pay its debts and intends to present a compromise or arrangement to its creditors (or classes thereof), either pursuant to the Companies Act (2021 Revision) or a foreign law or by way of a consensual restructuring. These provisions will be compared to and contrasted with U.S. chapter 11.

Set in the game show format of “Jeopardy,” this interactive ethics session will test the knowledge of the audience, provide valuable ethics information, and encourage networking among the participants. The panelists will cover ethical and evidentiary issues that have arisen in bankruptcy cases within the Tenth Circuit and elsewhere.

This keynote will dive into the current economic environment in Utah and the U.S. Take part in this lively discussion on the trending issues impacting the economy, such as employment, wages, interest rates and population growth, and learn how to prepare for success in uncertain times.

This panel will review the largest issues facing consumer practitioners today, including filing numbers, student loan legislation, proofs of claim and much more.

This session will highlight particularly interesting case law developments to date since 2022, and their impacts on bankruptcy law and practice.