Business Reorganization

Join us as we demystify bankruptcy in this primer for new lawyers and lawyers new to bankruptcy.

This panel will discuss hot topics in 2022 chapter 11 filings, including the “Texas Two-Step” strategy (e.g., J & J/JTL Management, LLC, Certain Tweed/DBMP LLC, Georgia Pacific/Bestwall, and Trane Technologies/Aldrich Pump) and 3M; Siegel v. Fitzgerald (what happens now, and what the remedy will be on remand); an update on third-party releases; and bankruptcy-related cases the Supreme Court is going to hear this term.

The first half of 2022 set a First Day record for fewest chapter 11 filings over any calendar six-month period, but chapter 11s picked up in the second half of the year, with Q4 concluding as the year’s busiest quarter and December closing out as the year's busiest month. Ignoring real estate cases, which peaked in 2021, the frequency of chapter 11 cases fell by only 1% in 2022. Despite the waning of COVID-19, companies continue to cite the pandemic as at least part of the reason for their bankruptcy filings. However, during 2022 the cause of many chapter 11 filings moved away from pandemic factors, such as work stoppages and lower demand, to supply-side macroeconomic factors, including supply chain issues, labor costs and inflation. Rising interest rates and the collapse of crypto are also becoming prominent reasons for bankruptcy filings.

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.

This keynote will dive into the current economic environment in Utah and the U.S. Take part in this lively discussion on the trending issues impacting the economy, such as employment, wages, interest rates and population growth, and learn how to prepare for success in uncertain times.

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

Regional judges will strive to answer questions on current issues.

Third-party releases remain a hot topic in bankruptcy proceedings. Learn what the laws in various circuits have to say about permissible third-party releases, whether bankruptcy courts are deemed to have subject-matter jurisdiction and statutory authority to approve third-party releases as part of confirmation orders approving plans of reorganization, and what standards are imposed by circuit courts to determine whether a third-party release should be approved.

Presented in the style of the ever-popular TED Talks, this year’s ABI Talks will focus on four hot topics: the state of the bankruptcy judiciary, Cinemark, civil contempt issues and venue reform.