South Carolina State Approved Sessions

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.

This panel focuses on material tax issues that every bankruptcy attorney should know that can impact both estate administration and bankruptcy plans. The panelists highlight issues that should be considered when a company is considering filing for bankruptcy or is in bankruptcy, such as tax attribute planning and preservation, management of COD income in connection with liability management transactions, “significant modification” of debt and how to minimize consequences, the considerations if the debtor is a partnership or a corporation, associated state tax issues, and key tax return compliance implications.

This panel will explore industry trends and commonalities between the parallel issues of failing health care systems and debtors bankrupted by medical debt. The panelists will discuss and debate what could happen when these two debtor groups overwhelm the bankruptcy system, the challenges that health care debtors, consumer debtors and insurance payors face today, and how practitioners across various insolvency disciplines involved in these industries can plan for the future with these trends on the horizon.

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.

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).

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.

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.