Wisconsin State Approved Sessions

Sponsored by ABI's Diversity & Inclusion Working Group For all the efforts around interrupting bias and diversifying the legal profession, recent data shows that diversity continues to be a problem area in the insolvency industry. While the road to a more equitable legal profession is a long one, there are practical tools and best practices that individuals and organizations can utilize today to not only increase diversity among their attorney ranks, but also cultivate a culture of belonging within their spaces. ABI’s Diversity Working Group proudly brings you this impactful event, which will highlight the importance of active allyship, a powerful tool in making our environment more inclusive and equitable. We have assembled a fantastic panel of attorneys and DE&I professionals that, through their expertise and practical advice, will provide participants with: a brief orientation on the current state of diversity in the legal profession; new language and awareness; discussion on what it takes to be an active ally; guidance on when it is appropriate to take a stand and when it is time to stand back; and inspiring discussion on how our panelists have benefited from allies themselves. Join this one-hour webinar for a unique opportunity to deepen your understanding of diversity in our profession, and to learn how you can make a difference as you strive to be recognized as an active ally.

The panel will discuss the impact of the amendments to the Cayman Companies Act, which introduce the ability of a company to restructure under the supervision of a company restructuring officer on grounds that the company is or is likely to become unable to pay its debts and intends to present a compromise or arrangement to its creditors (or classes thereof), either pursuant to the Companies Act (2021 Revision) or a foreign law or by way of a consensual restructuring. These provisions will be compared to and contrasted with U.S. chapter 11.

This panel will address recent decisions, including Modern Land, affecting the standard for recognition of a foreign insolvency proceeding as either a foreign main or nonmain proceeding. Additionally, the panelists will discuss recent decisions concerning third-party releases in chapter 15 cases, including In re PT Pan Brothers Tbk, Case No. 22-10136-mg (Bankr. S.D.N.Y. 2022).

The panelists will discuss current hot issues in cryptocurrency and the ways in which they converge with insolvency proceedings. After providing a brief cryptocurrency overview, the panelists will address legislative and regulatory updates, and their effects on bankruptcy cases. The panelists also will discuss such current cryptocurrency-focused insolvency cases as Cred, Inc., Celsius, Voyager and Three Arrows Capital, and the crypto-specific bankruptcy issues they present.

This panel will focus on the ethical risks involved in serving as local counsel, special counsel and conflicts counsel. The panelists will discuss the role of the court in monitoring and reviewing the scope and responsibilities of counsel in each of these roles, and will discuss relevant case law impacting an attorneys’ ethical obligations, both to clients and to the court.

This panel will discuss some key issues under § 503 of the Bankruptcy Code, including substantial contribution claims (§ 503(b)(3)(D)), § 503(b)(9) claims for goods received by a debtor within 20 days of the petition date, and insider incentive payments under § 503(c).

This panel will discuss the latest updates on cross-border fraud issues, including the cross-border interplay between the SEC and U.S. state receiverships, domestic litigation, and liquidations in the Cayman Islands. The panelists will highlight the SEC v. TCA Fund case, which involved a huge fraud committed on investors in a master feeder structure, the issues surrounding the Florida receiver’s motion to approve a distribution plan in that case, and the conflict with Cayman law that, if applied, would produce a drastically different result than the plan proposed by the receiver.

Sponsored by Epiq Bankruptcy Year-over-year bankruptcy filings are poised to show solid increases across most chapters in 1Q 2023. What categories of consumer and business filings are showing the largest growth? How do filings compare among different stakeholders and regions of the U.S., and will the trends continue in the year ahead? Join ABI and statistical partner Epiq Bankruptcy Analytics for a special abiLIVE webinar during which experts will discuss first-quarter filings, and what trends might lie ahead.

Hosted by the American Bankruptcy Institute Silicon Valley Bank (SVB) failed on March 10 following a run on its deposits, representing the second-largest bank failure in U.S. history behind the 2008 failure of Washington Mutual. Prior to its collapse, the Santa Clara, Calif.-based SVB was the 16th-largest bank in the U.S. and was the largest bank by deposits in Silicon Valley. While federal and state authorities worked quickly to stem the financial fallout from the bank's failure, Signature Bank also failed on March 10 after a similar run on its deposits with investors spooked by SVB's collapse. Questions continue to swirl about the financial standing of regional banks and the banking system. What factors led to SVB's collapse? Has the financial fallout from its failure been contained? What is the path going forward for the banks and their creditors? Don't miss this panel of experts discussing these topics and more during a special abiLIVE webinar!

Many bankrupt businesses need financial assistance to pay their administrative expenses and creditors and to help them survive bankruptcy. The employee retention credit (ERC) is one way to solve this problem. This session will cover the basics of the ERC program, how your clients can qualify for and benefit from the ERC, and some common ERC pitfalls to avoid. The presentation will include a Q&A period.