Asset Sales

Hosted by ABI's Asset Sales Committee The recipients of ABI's 2023 Asset Sale of the Year award will discuss the company's threatened suspension by the California Medi-Cal program and the execution of a strategy that initially had led to court orders stopping the suspension, then later culminated in the sale of assets. Hear specifically how Borrego's professionals navigated complex health care, regulatory and bankruptcy issues, which ultimately resulted in a settlement and sale that ensured the continuation of high-quality, culturally competent care to Borrego's patients and a substantial recovery for creditors.

Bankruptcy courts are courts of limited jurisdiction. Given that parties can neither waive nor consent to subject-matter jurisdiction, this panel will explore the limits of 28 U.S.C. § 1334 and the effectiveness of the retention of jurisdiction provisions in sale orders and confirmation orders. The panelists will discuss recent decisions on the scope of “arising under,” “arising in” and “related to” jurisdiction. The panel also will delve into whether, and to what extent, bankruptcy courts automatically have jurisdiction to interpret and enforce their own orders, including whether that jurisdiction diminishes over time. Finally, the panelists will discuss mandatory and permissive abstention and the parallel proceeding rule.

Join Bill Rochelle as he provides us with the highlights we need to know about emerging cases from the Supreme Court, Tenth Circuit and more!

This panel will identify the unique issues that come into play in health care asset sales, from hospitals to senior living facilities. The panelists will address closing challenges, regulatory issues, HIPPA/privacy issues, Opco/Propco issues and much more.

This panel will discuss a broad range of topics that arise in real estate-driven bankruptcy cases, including issues for landlords with respect to post-petition lease restructuring and the disposition of personal property by debtor tenants; determining the appropriate cramdown interest rates for different real estate sectors in a volatile interest rate environment; special issues implicated in bankruptcies of hospitality-focused real properties; and the particular challenges involved in restructuring partially developed properties.

Attendees will work through case problems in small judge-led groups.

Do you ever wonder what a particular Supreme Court decision means for you and your practice? This panel will discuss the Supreme Court’s general approach to deciding cases, including bankruptcy cases, and what those decisions mean for the bankruptcy and larger legal community. The panelists will use decisions from last term (as well as those to be argued this term) to help attendees better understand the decisions, how they might influence lower court decisions, and what it all means for those subjected to their decisions.

This panel takes a fresh look at the latest categories and buyers of asset sales under § 363, and the increased influence that unsecured creditors are exerting over those sales. The panelists discuss recent noteworthy successful and failed sales, including Vice Media, Vital Pharmaceuticals, Inc., Celsius Network, LedgerX and Voyager.