West Virginia State Approved Sessions

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.

This panel will identify recent examples of chapter 11 plans confirmed within the Ninth Circuit that contained third-party releases despite longstanding precedent in the Ninth Circuit prohibiting those releases outside of the asbestos context. The panelists also will describe the types of releases confirmed, as well as how the plan proponents were able to include the releases.

This panel will present a discussion of bankruptcy rules and procedures that work and don’t work from a practical perspective, as well as reflections on how technology impacts current practice.

This panel, featuring a bankruptcy judge, a practicing debtor’s attorney and a trial attorney with the Office of the U.S. Trustee, will discuss the latest cases involving nontraditional methods of getting paid as a consumer chapter 7 debtor’s lawyer, including Code, Rule and local rule requirements; the applicable Rules of Professional Conduct and potential ethical ramifications; and what you need to know to avoid potential sanctions, disgorgement, penalties and discipline.

Sponsored by Delaware Trust, a CSC Company Cross-border restructurings involve a wide range of complex processes across jurisdictions. This webinar will address recent developments impacting formal and informal debt-restructuring procedures in the U.S. and Europe, practical issues for lawyers advising on cross-border debt-restructurings, key legal strategies regarding a cross-border debt-restructuring, and the role of management and directors involved in a restructuring exercise. Specifically, the panelists will delve into: the main challenges facing companies involved in cross-border restructurings and bankruptcy proceedings; the key legal and regulatory developments that will affect cross-border restructurings and insolvencies going forward; strategies for navigating the multiple legal systems and cultural differences that companies may face; and how multijurisdictional companies can prepare for cross-border restructurings and bankruptcy proceedings.

Sponsored by ABI's Real Estate Committee According to Trepp, $109 billion in commercial mortgage-backed securities (CMBS) loans was issued in 2021. These loans are popular among income-producing-property investors for a variety of reasons, including favorable rates, attractive loan-to-value ratios, a streamlined underwriting process and more. However, given their structure as investment vehicles, technical nuances come into play in workout and restructuring situations because of the special servicers and trustees involved. While bankruptcy filings are rare because filing typically violates a loan covenant known as a “Bad Boy provision," for some borrowers this path makes sense. This program will focus on these issues and more to prepare attorneys, financial advisors and other professionals for future restructuring assignments in this unique space.

Sponsored by SRS Acquiom Rising U.S. interest rates, a tightening money supply, continued inflation and geopolitical uncertainty are all contributing to uncertain market conditions. How can lenders help protect borrowers and safeguard their portfolios? Join SRS Acquiom and ABI as this panel of experts shares their views on these events, as well as strategies for meeting the risk of loan defaults head-on. Hear more about market-drivers, strategies for debt-restructuring, and the long-term outlook for financing. This webinar will draw from a recently released SRS Acquiom study, Smarter Navigation: Loan Restructuring 2022, co-produced with Debtwire.

Sponsored by Holland & Knight LLP

Sponsored by Telpner Peterson Law Firm, LLP