West Virginia State Approved Sessions

This panel will discuss the historical relationship between secured and unsecured creditors in reorganization cases, and explore recent instances where the groups have worked together to create value for their constituents. The panelists will include an overview of the key positions taken by each group, and will provide first-hand descriptions of how the constituents were able to achieve consensus.

In a recent survey, 93% of people said that they have used the past year to reflect on their lives, and 88% said that the meaning of success had changed for them since the pandemic. Yet the number of lawyers suffering from depression, anxiety and substance abuse is greater than ever. How can we help others — and ourselves — navigate this dichotomy? What impact will this have on the ethics policies within the industry?

ABI’s editor-at-large sits down with an appeal court judges to discuss bankruptcy circuit splits and U.S. Supreme Court cases.

The public should expect, if not demand, that judges and professionals alike strictly adhere to the ethical codes and rules that serve to promote and protect the integrity of the courts and the legal system as a whole. This highly respected panel consisting of sitting judges and an expert in bankruptcy ethics will explore issues of judicial and professional transparency, disclosure, conflicts, the duty to report improper conduct, and the means by which to do so.

Join Judge Michelle Harner as she talks with recently appointed Director Twomey about the priorities of the U.S. Trustee Program in 2024 and beyond.

Hosted by ABI's Real Estate Committee The hospitality sector is one of the commercial real estate asset classes that has endured profound changes since the pandemic, both positive and negative. Pent-up demand for travel, flexible work schedules and strong consumer spending are driving demand in some sectors, while remote work has fundamentally changed business travel, which is straining occupancy and profits at properties that historically have relied on this steady stream of business. There are significant pockets of distress among hotel owners, particularly those facing maturing mortgage loans at a time of higher borrowing costs and more stringent lender underwriting requirements. This is against a backdrop of slowing hotel industry revenue growth, sticky inflationary pressures on labor and operating expenses, and sharp increases in property insurance costs. ABI's Real Estate Committee is pleased to provide this opportunity to dive into the hospitality sector with 45-year industry veteran Frank Nardozza, chairman and CEO of REH Capital Partners, LLC, a national investment and advisory services firm focused on hospitality investment, finance and consulting. He previously served as the National and Global Real Estate and Hospitality Consulting Practice Leader for KPMG. The program will conclude with a live question-and-answer session.

In the 2022 and 2023 Supreme Court terms, there have been three or four bankruptcy cases on the docket in each term, as opposed to the more normal one case every year or even every other year. Cases have included both very significant issues that may have far-ranging effects, as in Harrington v. Purdue Pharma L.P. (whether the Bankruptcy Code authorizes a court to approve, as part of a plan of reorganization under chapter 11 of the Bankruptcy Code, a release that extinguishes claims held by nondebtors against nondebtor third parties without the claimants’ consent), and more discrete issues that could have limited impact, as in Office of the U.S. Trustee v. John Q. Hammons Fall 2006, LLC (whether to require the U.S. Trustee to issue refunds for the extra fees paid by debtors in certain districts to address the lack of uniformity identified in Siegel v. Fitzgerald). This panel will discuss these Supreme Court cases from the last two terms.

This panel will introduce attendees to subchapter V of chapter 11, and its streamlined process for small business reorganizations. The panelists will cover the expectations, roles and responsibilities of the key participants in the subchapter V case, including the bankruptcy judge, debtors, creditors, the U.S. Trustee and the subchapter V trustee. The panelists also will compare and contrast subchapter V with a regular chapter 11 case in such key areas as eligibility of the debtor for subchapter V, first-day motions, cash-collateral usage, adequate protection, the role of the subchapter V trustee, plan formulation, consensual vs. cramdown plans, and the reorganized debtor’s responsibilities post-confirmation.

What is a “good faith” bankruptcy filing after LTL? Is there a “good faith” requirement at all, and is it subjective or objective? How much financial distress is necessary (if any), and how can a debtor know when it gets there? What lessons should smaller debtors take from large mass tort cases? Is there really a split in the circuits on these issues? Join this ABI/IWIRC panel for a lively and interactive discussion of good-faith (and bad-faith) filings.