Vermont State Approved Sessions

Liability-management exercises (LMEs) have become common transactions in order for financially distressed companies to obtain financing secured by previously encumbered assets. From uptiers, drop-downs, double dips and pari plus transactions, courts have begun to analyze and rule on the enforceability of LMEs and, in certain instances, their limitations. This panel will analyze various examples of recent LMEs and discuss the repercussions of such transactions from both the borrower and lender perspective.

This panel will focus on state court receiverships, federal court receiverships, involuntary bankruptcies, assignments for the benefit of creditors and other alternatives to traditional workouts, all from a creditor’s perspective.

This panel will break down last year’s Supreme Court bankruptcy cases, notable circuit court of appeals decisions, and growing circuit splits, and will discuss how developments in bankruptcy appellate law have impacted bankruptcy practice.

In today’s volatile commercial real estate market, the intersection of lease law and bankruptcy is more complex than ever. This panel dives into the real-world challenges landlords and tenants face when bankruptcy hits, using recent high-profile cases — including WeWork and a wave of "Chapter 22" retail filings — to examine the growing tensions among market realities, restructuring costs and the Bankruptcy Code.

This panel canvasses practical tax-related considerations for consumer attorneys to help you avoid common pitfalls, including the impact of tax issues on the timing of filing, dischargeability, asset administration and exemptions; a survey of trust fund taxes, what they are, how they differ across the states, and what they mean for individual liability; the responsibilities of chapter 13 debtors from a tax perspective; and negotiating with taxing authorities.

This engaging panel brings together experts from the judiciary, legal practice, academia and legal technology to explore how generative AI is transforming the legal landscape — highlighting opportunities, risks and strategies for responsible adoption across sectors.

The attributes of the limited liability company form that are considered favorable by clients and advisers alike can present distinctive challenges in chapter 11. This panel will delve into those challenges and relevant case law developments in the context of a hypothetical transaction. The panelists will provide their valuable insights on relevant current topics and issues, such as the LLC’s authority to file a chapter 11 case, fiduciary duties and duty waivers, derivative standing, and tax implications for LLC stakeholders. Attendees can anticipate receiving actionable analyses to apply in future cases, whether preparing for a chapter 11 case, advising a committee or structuring a transaction.

As generative AI becomes part of the bankruptcy and restructuring toolbox, professionals face exciting opportunities — and serious obligations. This interactive panel will dive into real-world uses of AI tools, best practices for effective prompting, and the ethical rules you really don’t want to break. The panelists will include live demonstrations and audience Q&A, and discuss how courts and clients are responding to this fast-changing landscape.

This panel will provide a general overview of dischargeability litigation under § 523 of the Bankruptcy Code, then delve into advanced litigation strategies derived from the panelists’ personal experiences in representing and adjudicating such matters. Understanding the far-reaching implications of the Supreme Court’s Bartenwerfer decision — allowing nondischargeable conduct to be imputed to debtors under applicable state law — will be the focal point of this panel’s discussion, which will highlight of a number of recent decisions applying Bartenwerfer to various dischargeability claims.