Tennessee State Approved Sessions

Hosted by ABI's Unsecured Trade Creditors Committee This program will be structured as a case study and will delve into the prosecution and defense sides of a recently settled preference case in which the presenters were involved. The parties will engage in a free-flowing discussion of their respective positions folllwing a brief discussion of the underlying bankruptcy cases. In addition to various aspects of the subsequent new value (paid/unpaid, treatment of § 503(b)(9) and critical-vendor payments, etc.) and ordinary-course-of-business defenses (subjective and objective, including purported payment pressure and a bifurcated set of payment terms, etc.) that are at issue in the vast majority of preference cases, the presenters will also discuss less frequently raised defenses/issues, including, but not limited to, the critical vendor defense, and the impact of (1) pre- and post-petition recoupment/setoff rights on a defendant’s § 502(h) claim, and (2) a material unpaid post-administrative claim on the parties’ settlement strategy and related positions.

This panel will discuss mediation as a pathway to case-resolution; mediation advantages and pitfalls; mediation privilege and disclosure; who should be invited to a mediation; and whether a sitting judge, former judge or trained mediator is the best person to lead a mediation. They will also share lessons learned from previous mediations in large cases.

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.

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.

This panel will discuss improper purposes and the use of chapter 11 (NRA and Stream TV Networks, Inc.), analyze chapter 11 issues in liquidating cases, and cover what attorneys and other professionals need to know when preparing chapter 11 liquidation plans.

This panel will demystify insurance policies, providing participants with practical advice on how to read and understand them. The panelists will also highlight and explain certain key insurance terms and address how bankruptcy can impact insurance coverage.

Debtors’ lives don’t stop once a chapter 13 is filed. Jobs could be changed or lost, property can be sold and inherited, and debtors can become injured and can sue. Debtor's counsel has to know how to “roll with the punches” and still achieve the best outcome for their client. This panel will discuss the impact of foreseen and unforeseen events in a chapter 13 case. Who gets the benefit of equity in a debtor’s home if it is sold and has appreciated since filing? What if the case converts to chapter 7? What assets are included in the chapter 7 estate upon conversion? Does a debtor have a duty to disclose a post-petition asset such as a cause of action or inheritance? How does debtor’s counsel get paid to deal with all of these issues? Is a chapter 13 trustee entitled to be paid if a case is dismissed before confirmation? What are the requirements to modify what is paid in a chapter 13 plan?