Texas State Approved Sessions

The health care industry is facing growing financial stress, driving a surge in both chapter 11 filings and out-of-court restructurings. This panel will explore the evolving landscape of health care distress, highlighting the creative solutions being used outside of traditional bankruptcy, such as receiverships, distressed M&A and liability-management transactions. The panelists will examine the influx of private capital into the sector, regulatory and compliance pressures, and how declining reimbursement rates and litigation are accelerating financial challenges. The discussion will also provide practical insights into navigating fiduciary duties, valuation standards, and the broader implications of restructuring in both for-profit and nonprofit health care environments.

The restaurant and franchise sectors present unique challenges in chapter 11 restructurings, from complex lease negotiations to brand preservation and franchise agreement compliance. Whether representing debtors, creditors or franchisors, attendees will gain practical insights into navigating the distinctive legal and business hurdles faced by restaurants and franchises in chapter 11. 

In April 2023, ABI created the Subchapter V Task Force, which was charged with reviewing the implementation and administration of subchapter V. After almost a year of study and public hearings, the task force has issued its report and recommendations, which include statutory changes. This session will discuss the task force’s report and recommendations.

This panel will address current trends in private credit restructurings, including the types of companies and industries that are most affected. The panelists also will explain the role of private equity and hedge funds in private credit restructurings, as well as the potential impact on stakeholders, and will analyze the legal and regulatory landscape for private credit restructurings, and the challenges associated with navigating this landscape.

This panel will explore the basics of privilege and how it is used in bankruptcy litigation. Do members of an LLC have access to privileged info? Do former board members have rights to privileged info? Does a trustee of an individual debtor have rights to the individual debtor's privileged information? Is a trustee required to turn over his/her privileged information to the debtor after it retakes possession? Can mediation privilege be used to cloak an entire bankruptcy case so that all information is immune from discovery from non-mediation parties or its adversaries?

This panel will identify the unique issues that come into play in health care asset sales, from hospitals to senior living facilities. The panelists will address closing challenges, regulatory issues, HIPPA/privacy issues, Opco/Propco issues and much more.

This panel will consider and discuss practice points, deployment of technology, and ethical considerations for attorneys following the COVID-19 pandemic.

This unique, interactive panel will be presented as a mock trial where financial advisors will be cross-examined by attorneys on valuation issues, including liquidation value.

Ponzi and other fraudulent schemes continue to proliferate. Many of these schemes, event if primarily targeted at Americans, operate using offshore entities in the Caribbean. As a result, resolving such schemes typically involves domestic receiverships or bankruptcy coupled with offshore liquidation proceedings. The victims’ recoveries may vary widely depending on whether the distribution of the scheme’s remaining assets is determined by U.S. bankruptcy law, U.S. common law or foreign law. This panel will explore the various ways in which U.S. and foreign laws implicate victims’ recoveries, as well as potential changes to those laws.

Join Judge Michelle Harner as she talks with recently appointed Director Twomey about the priorities of the U.S. Trustee Program in 2024 and beyond.