West Virginia State Approved Sessions

Hosted by American Bankruptcy InstituteSpirit Airlines filed for liquidation and ceased operations on May 2, and other international carriers have also filed for bankruptcy in recent months citing increasing jet fuel prices, debt and regulatory issues. Is the airline industry on course toward stabilizing or is further distress on the horizon?Join a distinguished panel of experts to examine current airline industry distress and get their perspectives on the direction the industry may be headed on a special abiLIVE Webinar!

Hosted by the Financial Advisors and Investment Banking CommitteeCourts have begun addressing the admissibility of AI-assisted expert work, including in bankruptcy and analogous litigation contexts, with some uses excluded and others permitted depending on verification, disclosure and methodology. This program examines recent decisions, including In re Celsius Network LLC, Matter of Weber, Kohls v. Ellison and Ferlito v. Harbor Freight; the December 2023 amendments to Federal Rule of Evidence 702; and emerging court guidance on AI disclosure.The panelists will discuss the ways in which AI tools may assist with valuation work in bankruptcy proceedings, and what documentation courts are likely to expect from experts. They also will focus on the practical uses of AI in financial analysis, the legal standards governing expert testimony, and the circumstances under which traditional valuation methods remain essential.

Join us for an intensive, practical workshop developed for bankruptcy attorneys and financial advisors who want to leverage artificial intelligence (AI) in their daily practice. Moving past the theoretical debate surrounding the use of AI, this bootcamp will focus entirely on its practical applications in a § 363 sale context from start to finish by demonstrating the use of cutting-edge AI tools in a restricting case.Learning Objectives:Attendees will identify practical ways artificial intelligence tools can be integrated into bankruptcy and restructuring workflows, particularly in the context of a § 363 sale.Attendees will evaluate how AI can assist with common tasks in a restructuring case, including document drafting, data analysis, and transaction management from the beginning through the closing of a § 363 sale.Attendees will apply best practices for using AI tools responsibly and efficiently in legal and financial advisory practice while navigating ethical and professional considerations."

Featuring the regional judges of the Rocky Mountain Bankruptcy Conference, this session will strive to answer questions you have on current issues.Learning Objectives:Attendees will identify current issues and emerging trends in bankruptcy practice as viewed from the perspective of regional bankruptcy judges.Attendees will gain insight into judicial expectations, procedural preferences, and effective advocacy strategies in bankruptcy court.Attendees will analyze common challenges and questions arising in bankruptcy cases and how courts are addressing them in practice.

Higher education institutions face distinct challenges when financial trouble hits — from governance structures to accreditation concerns to the impact on students and faculty. This panel covers the early warning signs of distress, key restructuring alternatives, and the fiduciary duties a governing body faces once an institution is in trouble.Learning Objectives:Attendees will identify the unique legal, regulatory, and accreditation-related challenges facing distressed higher education institutions.Attendees will evaluate restructuring and wind-down strategies tailored to colleges and universities, including considerations specific to students, faculty, and other stakeholders.Attendees will recognize recent trends and case studies shaping the treatment of distress in the higher education sector.

Subprime lending is showing signs of strain — especially in the auto sector, where recent lender failures highlight growing vulnerabilities. This panel examines what’s driving stress in subprime auto lending, the implications for the broader credit market, and risks in areas like merchant cash advance (MCA) financing. Attendees gain insights into emerging cracks in the market and what they may signal for the economic outlook.Learning Objectives:Attendees will identify the market forces and operational challenges contributing to distress in the subprime lending sector, with a focus on subprime auto finance.Attendees will analyze the impact of lender failures, rising defaults and tightening credit conditions on borrowers, lenders and the broader credit markets.Attendees will evaluate emerging risks in related financing sectors, including merchant cash advance (MCA) lending, and assess what these developments may signal for future restructuring activity and economic conditions.

Third-party releases remain one of the most heavily litigated and closely scrutinized issues in bankruptcy practice. This panel examines recent developments shaping the scope and availability of releases for direct and derivative claims against nondebtors, including the evolving legal landscape following recent court decisions. The panelists discuss practical strategies for obtaining approval of third-party releases, alternative deal structures when releases may not be available, and approaches to minimizing liability exposure while maximizing value and recoveries for creditors across a variety of restructuring and liquidation scenarios.Learning Objectives:Attendees will identify the current legal standards governing the scope and availability of third-party releases for direct and derivative claims against non-debtors, including recent court decisions reshaping this area.Attendees will evaluate alternative deal structures and practical strategies for obtaining approval of third-party releases in restructuring and liquidation matters.Attendees will assess approaches for minimizing liability exposure for non-debtor parties while maximizing value and recoveries for creditors.

This panel keeps bankruptcy practitioners current on the substantive and procedural aspects of litigation in both contested matters and adversary proceedings.Learning Objectives:Attendees will identify key substantive and procedural distinctions between contested matters and adversary proceedings in bankruptcy court.Attendees will apply current procedural rules and best practices to effectively litigate claims and disputes within bankruptcy proceedings.Attendees will recognize recent developments in bankruptcy litigation that may impact case strategy and outcomes.

As cross-border restructurings continue to grow in complexity, courts are increasingly confronted with questions surrounding a debtor’s center of main interests (COMI) and the appropriate jurisdiction for insolvency proceedings. This panel explores recent chapter 15 decisions and trends affecting COMI determinations, the limits of international forum-shopping, and the practical implications for debtors, creditors and other stakeholders. The panelists also discuss emerging issues and developing case law shaping the future of cross-border insolvency practice.Learning Objectives:Attendees will identify recent Chapter 15 decisions and trends affecting the determination of a debtor's center of main interests (COMI).Attendees will analyze the limits of international forum shopping and their practical implications for debtors, creditors, and other stakeholders in cross-border insolvency proceedings.Attendees will recognize emerging issues and developing case law shaping the future of cross-border insolvency practice.

Over the last few years, private equity has made substantial investments in the healthcare industry, and many of those investments have experienced liquidity and operational challenges — with resulting restructuring and bankruptcy activity. This panel considers how the structure, timeline and credit arrangements accompanying private-equity investment in this sector have affected the initiation and resolution of these restructurings and bankruptcies.Learning Objectives:Attendees will identify how private equity investment structures, timelines, and credit arrangements have contributed to liquidity and operational challenges in the healthcare sector.Attendees will analyze how these private equity-driven structures have influenced the initiation and trajectory of restructurings and bankruptcies in healthcare.Attendees will evaluate strategies for addressing the unique challenges of restructuring or resolving distressed, PE-backed healthcare investments.