Vermont State Approved Sessions

This panel will discuss pre-appeal considerations, final or interlocutory orders, stays pending appeal, perfecting an appeal, appellate briefs, and direct appeals to circuit courts.

Two pairs of judges square off to consider (1) whether bankruptcies can be properly filed when a debtor faces a deluge of potential tort claims and (2) whether bankruptcy courts can support plans regarding certain special fee and financing arrangements for debtors. RESOLVED: That a bankruptcy is filed in good faith where the debtor is not otherwise in immediate financial distress and appears to have the liquidity to pay its creditors in full, but where the case is filed because of the debtor is a defendant facing a deluge of tort claims that could at some point threaten the debtor’s business and where the debtor believes that the mechanism for liquidating those claims through a trust created under a plan of reorganization will be fairer and better for all parties than the results that would otherwise obtain in the tort system. RESOLVED: That a bankruptcy court may approve a DIP financing agreement that incorporates the milestones set out in a restructuring support agreement, that provides that (a) the debtors will propose a plan that provides specified treatment to the Supporting Parties, which treatment is materially the same as the plan provides to similarly situated creditors; (b) obligates the Supporting Parties to vote in favor of the debtor’s plan and to vote against any competing plan; and (c) provides that the Supporting Parties (and only the supporting parties) will provide exit financing to the Reorganized Debtors, at rates and fees that exceed prevailing market terms.

This panel will discuss UST authority in appointing committees, venue impact on committee appointment and committee composition, when it makes sense to have two committees and when it does not, and the retention of professionals or substantive contributions. The panelists also will discuss the scope of Rule 2004 examinations post-confirmation.

This panel will briefly review the current state of third-party releases, then discuss/debate different ways and mechanisms to potentially remedy the issues that have been highlighted by (or that have bothered) various courts around the country.

Unsecured creditors (and official creditor committees) may appear hopelessly “out of the money” at the beginning of a case, but how may they most effectively and most responsibly assert their interests throughout the case to win a recovery? This panel addresses this question and more.

What are the constitutional limits of bankruptcy court jurisdiction and authority? This panel will discuss recent decisions implicating Stern v. Marshall to see when and how courts are addressing limits on jurisdiction and authority. The panelists will analyze when state law actions may be maintained in bankruptcy court and when the bankruptcy court can enter final orders and review key local rules. Additionally, the panelists will provide strategies for how to address matters where a bankruptcy court cannot issue final orders.

This panel will discuss various issues concerning the impact that the COVID-19 pandemic and the economy for the last two years have had on valuations and appraisals. Since cash flow is essential for valuations and operations, the panelists will also discuss the effects of the pandemic on businesses’ cash flow and what can be done to recover and improve cash flow. In addition, the panelists will discuss the sales and auctions of assets during the pandemic period.

Sponsored by ABI's Real Estate Committee Commercial real estate continues to be a sector to watch as we navigate the post-COVID recovery period, which has thus far featured high inflation, rising interest rates, work-from-home preferences and other changes in consumer behavior. This panel of seasoned real estate attorneys and advisors will provide an update on where things stand across all of the key asset classes, including office, retail, industrial, multi-family and hospitality, as the important summer season winds down, in order to arm practitioners with important insights as we head into 2022's fourth quarter.

Sponsored by the Secured Credit Committee This webinar will delve into issues involving digital accounts, cryptocurrency and NFTs, including how to get secured and perfected, how to liquidate, and bankruptcy-specific considerations. The panelists also will discuss UCC Article 12 and its impact on the digital-asset world for secured parties. The presentation will help practitioners better understand the considerations and issues they should be spotting when advising their constituents on dealing with digital assets.