Tennessee State Approved Sessions

This panel will discuss litigation funding, conflicts and disqualifications, client complaints, mediation and dealing with pro se litigants.

It has been more than a year since the new Dutch Act on court-sanctioning of private composition to avoid bankruptcy, the so-called WHOA or Dutch Scheme, entered into force. The new Dutch Scheme has received a lot of attention in the (international) market because it offers a flexible restructuring tool in the Netherlands, a jurisdiction that plays an important role in many international restructurings. Notably, the Dutch Scheme introduced debtor-in-possession proceedings, which aim to achieve debt-restructurings outside of formal Dutch bankruptcy processes. Join this panel of experts as they take a look at the Dutch Scheme and the similarities it has to U.S. chapter 11 and English scheme processes, and whether these similarities can also be seen in practice.

This panel will focus on alternative fees in bankruptcy and litigation financing, pursuing claims against third parties and derivative claims/reflective losses, the assignment of claims and court sanctioning.

This panel will be conducted in the format of the TV show “Crossfire” and will address three “hot” or “interesting” bankruptcy issues that are not being addressed in the other sessions. At the conclusion of each discussion, attendees will have an opportunity to vote on how they believe the issue should be resolved.

Post-confirmation trusts increasingly have become a popular means of obtaining plan confirmation and administering estate assets, pursuing litigation, and resolving a variety of disputes in chapter 11. While the use of post-confirmation trusts provides a host of benefits, it may provide traps for the unwary. This panel will explore issues and challenges that frequently arise in structuring and implementing post-confirmation liquidating and litigation trusts, including preservation and limitations of estate powers, analysis and pursuit of litigation, and practical challenges to winding down assets after former officers, directors and employees are no longer incentivized (or compensated) to cooperate. The panel will bring a wealth of nationwide experience to bear, along with the perspectives of post-confirmation fiduciaries, debtors and creditors alike.

This panel will discuss recent developments in mass tort bankruptcy cases, including the Purdue Pharma case and the Texas Two-Step (divisive merger), as well as its viability given recent rulings, including in In re DBMP LLC and In re Aldrich Pump, which suggest that divisive mergers may be subject to challenge as fraudulent transfers or under alter-ego, successor-liability and similar doctrines. Developments in third-party releases and legislation aimed at prohibiting third-party releases and limiting forum-shopping will also be discussed.

This panel will provide an update on cryptocurrency’s adoption and integration into the global financial system. The panelists will share practical approaches for bankruptcy practitioners to identify, take possession of and manage cryptocurrency in bankruptcy cases. The panelists will also discuss strategies for debtors in possession and bankruptcy trustees to preserve the value of crypto-estate property.

This panel will discuss notable chapter 15 and cross-border insolvency cases decided in the past year, including those involving the scope of discovery available to foreign representatives, § 109 eligibility, and the use of chapter 15 to bind creditors to confirmed plans. The panelists will also discuss logistical and practical solutions in running chapter 15 cases.

This panel will discuss the impact the COVID-19 pandemic has had on the travel and hospitality industry, including how airlines, cruise lines and hotels have managed through the crisis so far, what’s next for the industry once the pandemic becomes endemic (and hopefully milder), and the unique issues that arise in hotel property workouts and bankruptcies.

Hosted by the ABI's Asset Sales Committee The panel will discuss potential pitfalls to avoid when navigating the bidding process, the auction and the sale. The panelists will provide practical, real-world advice based on sales they have been involved in, and will discuss § 363 sales and other distressed sales.