West Virginia State Approved Sessions

This panel will discuss the scope and impact of the Purdue decision on third-party releases, recent standards and approaches bankruptcy courts have used when considering consent, emerging mechanisms for (and alternatives to) third-party releases in chapter 11 plans, and shifts in attitude and strategies in the post-Purdue landscape, including the use of chapter 15 recognition.

This panel will explore key bankruptcy litigation issues that are currently the subject of significant interest and debate, including (1) how bankruptcy courts address gerrymandering in the classification context, and how such concerns may arise in connection with liability-management transactions; (2) how debtors may attempt to effect "backdoor" estate releases through sale transactions whereby the buyer of the assets acquires estate claims and causes of action, and whether such attempts invoke concerns of a sub rosa plan; and (3) how the standard of adequate protection should be interpreted when a debtor is using cash collateral to maintain operations as a going concern where the alternative is a potentially value-destructive chapter 7. The panelists also plan to address the jurisdictional split regarding whether the confirmation requirement of an impaired accepting class requires a "per plan" or a "per debtor" approach for multi-debtor plans.

This panel will discuss the features that make chapter 11 world-renowned, and will analyze the similar features that have been incorporated into the (often newly enacted) restructuring regimes of foreign countries. The panelists will then examine certain of these regimes to explain why some regimes have used these similar features more successfully than others. Will chapter 11 continue to be the leading restructuring format in the world? Join us and find out!

Featuring the regional judges of the Rocky Mountain Bankruptcy Conference, this session will strive to answer questions you have on current issues.

Think you know what evidence makes it into the record — and what gets tossed? This interactive session will present real-world-inspired hypotheticals highlighting evidentiary challenges in chapter 11 cases. From valuation disputes to insider transactions and confirmation battles, you’ll be asked to weigh in: Is it admissible? Is it persuasive? Is it even relevant? Join us as we explore the fine line between proof and puffery in the bankruptcy courtroom. Audience participation is not just encouraged — it’s required!

The chapter 11 landscape is evolving. This panel will cover current economic headwinds facing debtors, and structuring bankruptcy strategies and feasible chapter 11 plans in this environment.

This panel will provide a refresher and interactive discussion on secured transactions in bankruptcy cases. The panelists will discuss the basics of secured transactions, including attachment and perfection, in addition to the interplay between UCC Article 9 and the U.S. Bankruptcy Code. The panelists will focus on the relationship between the obligor/debtor and the secured party, with an interactive discussion concerning the competition for priority among secured parties, lien creditors and trustees asserting competing interests in the same collateral.

This panel will update practitioners on recent bankruptcy case law developments through engaging discussions and participant comments.

This lively discussion will dive into the current economic environment in Utah and the U.S. generally, with a focus on such trending issues as employment, wages, interest rates and population growth. Learn how to prepare for success in these uncertain times.

Join us for a special session honoring our retiring regional judges as they reflect on their careers, share insights into the evolution of bankruptcy law, and offer valuable perspectives gained from years on the bench. This candid conversation celebrates their service and provides attendees with a unique opportunity to learn from their experiences and legacy.