Vermont State Approved Sessions

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 cover the cutting-edge issues that practitioners need to know, (potentially) including recent makewhole decisions, the “Texas two-step,” the impact of inflation on cram-down interest rates, and circuit splits on whether § 363(m) is jurisdictional.

This panel of health care experts will explain some of the unique features of health care cases in general by comparing notes on current operational challenges and pre-bankruptcy considerations, discussing the pros and cons of receiverships vs. chapter 11, covering specific health care-relevant provisions in the Code, and discussing sale considerations in health care cases.

This panel will provide an overview and discussion of the effects of the COVID-19 pandemic and return-to-office issues, and what impacts they may have on the commercial real estate industry. The panelists will discuss market data and trends, as well as relevant case law on the valuation of commercial real estate in the context of bankruptcy cases. The panel also will review hypothetical scenarios to emphasize key issues that affect the valuation of commercial real estate in a disrupted and uncertain marketplace.

This panel will discuss and analyze attacks on pre-bankruptcy transactions, specifically certain transactions that (1) resulted in modifications to corporate governance or subsidiary status; (2) were at the behest of directors and officers and that may or may not have been to the detriment of the company; (3) were designed to limit liabilities in a workout or reorganization scenario; (4) modified rights or obligations owed to lenders, including the grant of additional security; or (5) were done for some other purpose. During the discussion, the panelists will focus on the analysis of the potential attack on such transactions, as well as the strategy for launching (or planning to launch) such an attack.