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Tennessee State Approved Sessions

Contested Confirmations

This panel will focus on objections raised by counsel, and rulings by a presiding bankruptcy judge, during live mock direct and cross-examination of witnesses in a Chapter 11 confirmation hearing. Attendees will gain an understanding of how to properly make/respond to, and the merits of, certain objections to testimony in the context of a Chapter 11 confirmation hearing.
1 hour 6 minutes 6 seconds

ABI Live: The Role of Customers in Chapter 11 Bankruptcy Proceedings

Customers can play a significant role in Chapter 11 bankruptcy proceedings, both in terms of the value they add to (or detract from) the debtor's business and their potential rights as creditors. In this panel discussion, we will explore the role of customers in Chapter 11 bankruptcy proceedings and the impact they can have on the process, including: The importance of maintaining or rejecting customer relationships and the impact that customer behavior can have on the success of the reorganization or sale process; The creditor role of a customer that can arise by virtue of rejection damages, including the roles and rights a customer gains by becoming a creditor; The consent and approval rights that customers may have in the Chapter 11 process and the implications of these rights for both the debtor and potential bidders in the sale process; The impact that a change of ownership can have on customers, the protections they’re afforded, and how both are addressed in Chapter 11 bankruptcy proceedings. This panel discussion will bring together experts in bankruptcy law, customer relationships, and business strategy to provide a comprehensive view of the role of customers in Chapter 11 bankruptcy proceedings. Whether you represent customers, creditors, or are simply interested in learning more about the bankruptcy process, this discussion will provide valuable insights into this complex area of the law.
35 minutes 43 seconds

What the Heck Is That Supposed to Mean? Contract and Order Drafting Skills, Issues and Mistakes

This session is designed to help new and experienced attorneys develop and refine their contract and order drafting skills by examining common drafting conventions and best practices, discussing drafting issues that arise in bankruptcy practice, and sharing tips and strategies for correcting drafting mistakes.
1 hour 15 minutes 9 seconds

The Coming Tsunami of Commercial Real Estate Restructurings: Part II

This panel will discuss current trends in real estate that affect distressed-asset situations. The panelists will first address the state of today's real estate market from the perspectives of real estate investors, lenders and financial advisors, then will dive into current real estate issues in chapter 11 cases.
1 hour 28 minutes 31 seconds

Alternatives to Bankruptcy

This panel will cover various proceedings alternative to bankruptcy, with a focus on assignments for the benefit of creditors. The panelists will provide an overview of popular bankruptcy alternatives and discuss their practicalities.
1 hour 12 minutes 56 seconds

Impacts of the Global Pandemic on Valuation: “An Invitation for a Fight”

As bankruptcy became a reality for many companies during the pandemic, valuation became a key question. In September 2020, Bloomberg commented, “Pinning a dollar value on a bankrupt enterprise is hard in the best of times. During a pandemic, it’s an invitation for a fight.” This session will discuss approaches to valuation in periods of volatility and business disruption, and how courts have dealt with the ensuing disputes.
1 hour 16 minutes 2 seconds

Corporate Governance in Distressed Situations, Including the Role of Sponsors and Senior Management

This panel will address issues related to corporate governance in distressed situations. The discussion will include the interplay between corporate governance and sponsor action, considerations regarding independent directors, and the ongoing debate on the role of employee compensation plans in bankruptcy.
1 hour 13 minutes 13 seconds