West Virginia State Approved Sessions

Discovery in bankruptcy contested matters can be just as complex and consequential as in traditional litigation, but with its own unique rules, limitations and strategic considerations. This panel will address recent case law, jurisdictional nuances, and the practical challenges of balancing efficiency with due process. Whether you’re initiating discovery or responding to it, this session will provide valuable insights into managing discovery effectively within the procedural framework of the Bankruptcy Code. 

This panel will address a variety of post-confirmation topics, starting with the pre-effective date planning and issues, and post-effective date pitfalls and deadlines. Attendees will also learn about other important topics particular to Subchapter V, post-confirmation jurisdiction, and useful tips for creditors.

This panel will address the most recent developments in preference case law, including with respect to the new value and ordinary course of business defenses, due diligence, evidence, the sale of and liens on preference actions, recent cases at the U.S. Supreme Court, and preference actions in recent mass tort- and crypto-driven bankruptcy cases.

Securing plan confirmation is rarely straightforward. From feasibility disputes to contested classifications and objections over good faith, bankruptcy professionals must navigate a range of legal and strategic hurdles. This panel will delve into the most pressing issues impacting plan confirmation today, including judicial interpretations of key confirmation requirements, creditor pushback on cramdown provisions, and the growing influence of subchapter V in small business reorganizations. Panelists also will highlight practical pitfalls that can derail confirmation, and will share approaches to overcoming objections and achieving consensual resolutions. 

Hosted by ABI's Real Estate CommitteeThe office sector remains one of the most challenged areas of commercial real estate, with fundamentals shifting in ways that continue to test owners, lenders and tenants alike. While prime properties in select markets are benefiting from a clear flight to quality, overall leasing activity is uneven, and vacancy rates remain elevated nationwide. With billions of dollars of office-based loans in distress and higher rates with tighter underwriting colliding with declining property valuations, the office asset class continues to be a real estate sector that restructuring professionals should watch closely.The Real Estate Committee is pleased to provide a deep dive into this market from the perspective of a national bank special assets manager, a CMBS attorney and a transaction professional through a hybrid Zoom webinar and in-person program at the New York City offices of Pillsbury. The program will conclude with a live Q&A session.

This panel will discuss post-Purdue case developments, including what constitutes “consent” and the role of opt-out releases (Spirit and other recent cases), third-party stays and injunctions, solicitations (Red River Talc), and the role of financial distress in chapter 11 and whether it is too restrictive (LTL). The panelists also will provide an update on where we stand regarding prepacks, nonvoting classes when confirming subchapter V plans (SushiZushi), out-of-court solutions and liability-management exercises.

Hosted by the Commercial and Regulatory Law Committee. This webinar will address emerging subchapter V issues and best practices from the perspectives of the debtor and secured and unsecured creditors. The panelists will discuss debtor eligibility for subchapter V, dischargeability of debts through subchapter V, the effects of § 1111(b) elections by secured creditors on subchapter V cases, and subchapter V plan cramdowns.

This panel will provide a focused look at critical developments in subchapter V practice, including fair and equitable treatment in plan confirmation, eligibility to file, and the expanding role of subchapter V trustees. The panelists will also address post-confirmation issues such as asset sales, plan defaults, vesting and drafting strategies to manage risks and improve outcomes. Attendees will gain practical insights for navigating subchapter V cases more effectively from start to finish. 

Sponsored by SC&H CapitalJoin us for the second session of a three-part webinar series, hosted by ABI Capital Partner SC&H Capital. This second session will discuss private credit loan refinancing, including considerations for borrowers and new lenders. With a focus on the use of private credit and traditional and alternative financing vehicles, industry leaders will discuss how the strategies for and structures of merger-and-acquisition transactions have changed, and what is expected in the current, future and volatile markets. The third session, taking place in November, will address how officers and directors must focus on complex issues and elevated responsibilities in the context of these types of transactions. Attendees will gain valuable insights — from investment bankers, attorneys and financial advisors who are on the front lines of these kinds of transactions — that will inform them now and in the future.

This webinar will focus on several hot topics pertaining mediation and ADR, such as the duty of disclosures for mediators and other neutrals, recent issues that have arisen regarding the scope of mediation confidentiality, and the pros and cons of having judicial mediators vs. private mediators.