Tennessee State Approved Sessions

Featuring the perspectives of the debtor, creditor, subchapter V trustee and the bench, this session willconsider the life cycle of a small business reorganization. Beginning 30 days before the debtor files itspetition, continuing through the 90-day plan filing deadline and hurtling toward confirmation, the panelistswill discuss pre-bankruptcy planning and negotiation, debate eligibility and case-management issues,consider best practices for utilizing a subchapter V trustee throughout the case, and highlight tips and trapsof plan formulation, contested confirmation hearings and post-effective-date matters.

This panel will discuss some of the more interesting aspects of the asset-recovery process as it relates tolocating foreign assets (i.e., Russian yachts). The panelists also will focus on post-COVID-19 issues, includingsituations where banks were not monitoring collateral as closely as they should have been and are nowhaving trouble locating said assets and selling them, particularly in international cases where the bankruptcyis abroad but the parties are seeking recognition in the U.S.

This panel of experts will discuss the latest trends in the wind, coal, and oil and gas industries that havedominated the headlines, with special emphasis on new regulatory issues and changes in the energy market.

Over the last several years, an increasing number of states, including New York, have adopted the UniformVoidable Transactions Act (UVTA), the latest update to the Uniform Voidable Transfer Act. The UVTA made anumber of minor changes and updates to the Uniform Fraudulent Transfer Act (UFTA), including changingthe name. What changes were significant? What opportunities to fix problems/vagaries in the UFTA did thedrafters miss? What amendments should the UVTA drafters consider?

This panel will discuss mediation in mass-tort/multiparty cases such as Puerto Rico, Purdue, Boy Scouts andthe various religious institutions that have filed for bankruptcy. The panelists will highlight mediating tortclaims that have emotional and non-monetary components, such as sexual abuse; issues regardingnondebtor-related entity property and contributions; and liquidation concerns in a religious institutionbankruptcy.

This panel will explore and discuss ethical issues that arise in consumer practice. The panelists will reviewrecent cases and provide hypotheticals to invoke audience participation and discussion regarding topicsrelated to attorney fees, conflicts, and attorney/client privilege and confidentiality.

This panel will focus on the economics of continuing care retirement communities (CCRCs) and where theyare positioned in the senior living and care industry. Learn how the pandemic and resulting economy haveimpacted CCRCs, and how they are managing the resulting operating challenges. Because CCRCs frequentlyrequire substantial individual financial upfront investment, prospective residents and their heirs may expressconcerns about risks and potential losses in the event of a CCRC bankruptcy. The panelists will explore theseindustry challenges, as well as how a CCRC bankruptcy affects the various case constituents.

This panel explores the realities, misconceptions and interpretations of the “business case” vs. the “values case” for diversity, equity and inclusion (DEI) in this interactive session. The panelists highlight the gaps created when the business case for DEI is prioritized over values and organizational culture, and examine metrics that can measure and evaluate the progress of values around DEI.