South Carolina State Approved Sessions

This panel will discuss Code impairment and post-petition interest, provide an update on gerrymandering (including a examination of Consolidated Land Holdings LLC), and review third-party releases and the different outcomes that have occurred in different circuits.

This panel will cover makewholes, including an examination of Hertz and Ultra, a comparison of Second, Third and Fifth Circuit precedents and the recent makewhole premium dispute in Mallinckrodt; and structured dismissals in bankruptcy post-Jevic, including In re KG Winddown, Forever 21, Basic Energy and more.

ABI's Business Reorganization and Commercial and Regulatory Law Committees ERISA/PBGC issues in bankruptcy/reorganization cases always raise interesting and challenging questions. Are you prepared to identify and handle them? Please join us for this special ABI-members-only webinar, during which the speakers will address both single-employer and multi-employer pension funding, termination and withdrawal-liability issues, other PBGC/ERISA-focused bankruptcy issues, and ERISA fiduciary issues that often arise in administering or terminating an ERISA-governed retirement plan in a bankruptcy/reorganization setting.

Negotiation and litigation regarding the allocation of value become more challenging when the debtor is part of an insolvent conglomerate. Parties must consider the allocation of value among subsidiaries and the presence of intercompany claims, guaranties and other complexities. This panel will discuss lessons learned and best practices for negotiating and litigating value allocation, focusing on recent bankruptcy cases and viewpoints from financial, legal and judicial perspectives.

Unprecedented levels of government stimulus, record levels of IPOs and an explosion of the SPAC market provided an abundance of liquidity to an already-buoyant market. These factors, combined with historically low interest rates, have fueled record levels of M&A and refinancing activity. This panel will examine the effects that this "easy money" has had on valuations throughout the pandemic, and compare these effects to companies' valuation outlooks for the remainder of calendar year 2022 and beyond.

This panel will examine current developments that may affect asset, enterprise and plan valuations. The panelists will discuss evolving market factors, the latest legal developments, and changing trends in valuation methodology.

This case-study-based discussion will focus on valuation for companies significantly impacted by COVID-19. The panelists will discuss recent cases where the market and business uncertainty caused by the pandemic led to unpredictable or unexpected valuation outcomes. Further consideration will be given as to how these outcomes might (or might not) be relevant going forward.

This panel will use a case-study approach and mock negotiations to work through restructuring options for a brand-new case study. The case focuses on issues related to the valuation, makewhole, shared-services agreement and governance issues of the company and its creditors.

Sponsored by ABI's Real Estate Committee The private and for-profit college, university and school sector continues to be challenged due to decreasing enrollment, cost structures and increased competition from community colleges, area technical schools and online offerings that students turned to during the pandemic. It is estimated that there are hundreds of these real estate-heavy institutions, which can have campuses with substantial improvements having been made, or they can operate solely in leased space. This program will focus on how the real estate footprint of these institutions can be utilized in connection with other turnaround strategies to achieve a turnaround or restructuring. The discussion will include public/private partnerships for parking, dormitories and more, sale-leasebacks and bridge financing, lease restructurings, monetizing surplus real estate, developing owned real estate, and marketing closed campuses for repurposing or redevelopment.