Asset Sales

This panel will discuss situations in which valuation is particularly challenging based on the type of asset, the absence of market or comparable valuation data, limitations on available information for the valuation, and other constraints. We will cover the valuation of intellectual property assets, financial assets (including royalties and other revenue streams), digital and electronic assets (including virtual currency, software code, social media assets and platforms), and privately held equity interests, among other asset categories in different sectors, such as emerging restructuring sectors like life sciences. We will also discuss valuation contexts (transaction diligence and structuring, financing and M&A transaction consummation, and distressed situations and insolvency proceedings), focusing on both the practical challenges and evidentiary support for valuation determinations in those contexts. We also will provide examples of situations in which challenging valuations have served as keystones to transactional successes.

Set in the game show format of “Jeopardy,” this interactive ethics session will test the knowledge of the audience, provide valuable ethics information, and encourage networking among the participants. The panelists will cover ethical and evidentiary issues that have arisen in bankruptcy cases within the Tenth Circuit and elsewhere.

Bankruptcy judges will discuss the most talked-about current events and controversial opinions in the insolvency world with ABI Editor-at-Large Bill Rochelle.

Domestic asset-protection trusts are now available in 20 states. This panel will introduce the concept of domestic asset-protection trusts and discuss their treatment in and out of bankruptcy.

The panel will discuss the difficulties of enforcing U.S. judgments against foreign assets, the basics of international asset-protection, and U.S. taxpayer traps for the unwary.

How has Fulton changed practice related to the extent and impact of the automatic stay? The Supreme Court may have made debtors’ recovery of repossessed vehicles less "Fast and Furious," but does the "Repo Man" now have all of the leverage? Fasten your seatbelts for a discussion of Fulton’s potential impact on debtors, creditors, and all types of proceedings and collateral — cars and beyond.

This panel will discuss some of the more interesting aspects of the asset-recovery process as it relates tolocating foreign assets (i.e., Russian yachts). The panelists also will focus on post-COVID-19 issues, includingsituations where banks were not monitoring collateral as closely as they should have been and are nowhaving trouble locating said assets and selling them, particularly in international cases where the bankruptcyis abroad but the parties are seeking recognition in the U.S.

This panel will delve into issues involving digital accounts, cryptocurrency and NFTs, including how to getsecured and perfected, how to liquidate, and bankruptcy-specific considerations. The panelists also willdiscuss UCC Article 12 and its impact on the digital-asset world for secured parties, and help practitionersbetter understand the considerations and issues they should be spotting when advising their constituents ondealing with digital assets.

This panel will provide an overview of different types of equipment and common valuation methods forthem, various techniques and best practices for marketing equipment, and unique bankruptcy issues relatedto equipment.