Tennessee State Approved Sessions

Sponsored by ABI's Real Estate Committee, Keen-Summit Capital Partners LLC and Summit Investment Management LLC Summit Investment Management LLC, Keen-Summit Capital Partners LLC and ABI's Real Estate Committee are pleased to present this webinar on the economic outlook for commercial real estate, once again featuring real estate economist and futurist Kiernan “KC” Conway, who drew rave reviews from his presentation last year. Mr. Conway is the chief economist for the CCIM Institute, principal and co-founder of consulting firm Red Shoe Economics, and a former commercial real estate subject-matter expert for the Atlanta Federal Reserve Bank. Program topics will include a review of key asset classes, the impact of inflation on the real estate economy, lasting changes stemming from remote work, how geopolitics pose risks to the sector, and other timely topics to arm practitioners with important information about the real estate economy. Industry veterans will kick off the program with an overview of the credit and transaction markets.

ABI's Financial Advisors and Investment Banking and International Committees. International and cross-border disputes often involve collections issues and venue considerations. This panel of experts in cross-border and international litigation will share their professional experiences and insights on how best to approach these types of claims, and ways to collect on them.

On direct appeal, the Third Circuit on Jan. 30 reversed the bankruptcy court and directed the dismissal of the petition that had been filed by LTL Management LLC, the subsidiary of Johnson & Johnson created to file in chapter 11 to deal with talc and asbestos claims arising from the sale of Johnson’s Baby Powder. Although Circuit Judge Thomas Ambro pointedly declined to rule on whether LTL improperly used chapter 11 as a “litigation tactic,” what are the legal steps J&J can take to settle roughly 40,000 cancer lawsuits concerning its talc-based products? A panel of top academics will examine the decision and the issues surrounding J&J's case, and will discuss what could happen with the case moving forward.

Presented in the style of the ever-popular TED Talks, this year’s ABI Talks will focus on four hot topics: the state of the bankruptcy judiciary, Cinemark, civil contempt issues and venue reform.

This panel will discuss case law related to subchapter V and § 523 nondischargeability, and how to navigate uncertainties in such cases.

Third-party releases remain a hot topic in bankruptcy proceedings. Learn what the laws in various circuits have to say about permissible third-party releases, whether bankruptcy courts are deemed to have subject-matter jurisdiction and statutory authority to approve third-party releases as part of confirmation orders approving plans of reorganization, and what standards are imposed by circuit courts to determine whether a third-party release should be approved.

Regional judges will strive to answer questions on current issues.

Hosted by ABI's Asset Sales Committee To kick off the nomination period for the ABI Asset Sales Committee’s 2022 Asset Sale of the Year Award, the recipients of last year’s award will discuss the sale of Lighthouse Resources’ real property assets in Wyoming. Hear how the Lighthouse management team and professionals structured the sale process to navigate a number of obstacles to sell the real property necessary to confirm a chapter 11 plan that provided for the reclamation of coal mines, as well as recoveries for secured and unsecured creditors.

This panel will discuss considerations for engaging nonattorney professionals in distressed situations, particularly the importance of involving nonattorney professionals early in the process, how they can help in advance of a chapter 11 filing, how they can advise on alternatives to a chapter 11 filing, communications between counsel and nonattorney professionals, and issues surrounding the engagement of nonattorney professionals once a chapter 11 case commences. This session will be conducted in an open-discussion format, and participation is strongly encouraged!

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.