Texas State Approved Sessions

Join our panelists as they explore how lender liability claims are born and struggle for life, starting with the influence that an original loan agreement may have on later claims, continuing with the roles that various professionals play as financial distress grows, and finally examining how tragedy unfolds as litigation plays out.

This panel will look at ethical issues that arise in the context of bankruptcy proceedings, including protecting common interest privilege and retaining and compensating professionals. Panelists will discuss recent cases and share best practices.

This panel will cover developments in cross-border restructurings, including the increasing trend in chapter 11 filings by international companies and resulting jurisdictional issues, the rollout of the EU directive and its impact on the international restructuring landscape, and potential challenges to recognition of a U.K. Part 26(A) “Super Scheme" in the U.S. Additional developments in chapter 15 case law will also be discussed.

This panel will discuss recurring issues related to mass tort cases, including the automatic stay, third-party releases (Sun Edision, Midway Gold, Purdue), venue-selection and estimation. The panelists will also offer an analysis of such key recurring issues as the use and propriety of bankruptcy for solvent debtors, and bankruptcy abuse vs. bankruptcy planning.

Which contract counterparty rights survive rejection, and what can be done when negotiating a contract at the front end to plan for or defend against the rule of Tempnology? This panel will discuss these issues and more.

This panel will cover recent pertinent case law, analyze trends in increased district court oversight of bankruptcy courts, and examine the policy considerations for and against both consensual and nonconsensual nondebtor third-party releases, the relevant standards for approval on the merits, the scope of consent (opt-in vs. opt-out), the use of death-trap plan voting to encourage a consensual release, and the question of a bankruptcy court’s power to award them.

This panel will discuss the issues that arise when the growing state-sanctioned cannabis trade intersects with the insolvency world, in both commercial and consumer settings. The panel will discuss the federal statutory scheme governing marijuana, its tension with state laws governing marijuana businesses, and the ability or inability of marijuana-related businesses and individuals involved in the industry to access the relief provided in the bankruptcy courts when facing financial insolvency. The panel will also address state court receiverships and other non-bankruptcy methods for dealing with cannabis related businesses, and special concerns that lenders and other parties should address when dealing with those in the industry.

The petition is filed. At the § 341 meeting, the trustee asks the debtor whether there have been any personal-injury actions, whether the debtor has the right to sue someone, and whether the debtor inherited any assets 180 days prior to the petition date or within 180 days after the petition date. However, debtor clients often intentionally or inadvertently fail to disclose an asset. This panel will explore best practices for dealing with these and other post-filing litigation pitfalls, and for handling cases where there are undisclosed or undiscovered assets.

This panel will cover the various overlapping bankruptcy law and regulatory issues facing the transfer of a health care business, including financing obstacles, license transfers, successor liability, recapturing of Medicare or Medicaid overpayments, attorney general consent procedures, and related governmental issues particular to health care transactions. This practical panel will include tips of the trade for paving the way to a smooth closing and transition.

FERC & PUC jurisdictions are not confined to oil and gas. What lessons can we take from that space for broader application in other regulated energy sectors? When does CFIUS review come into play, and what is involved?