Business Reorganization

This panel will discuss the issues that arise when the growing state-sanctioned cannabis trade intersects with the insolvency world, in both commercial and consumer settings. The panel will discuss the federal statutory scheme governing marijuana, its tension with state laws governing marijuana businesses, and the ability or inability of marijuana-related businesses and individuals involved in the industry to access the relief provided in the bankruptcy courts when facing financial insolvency. The panel will also address state court receiverships and other non-bankruptcy methods for dealing with cannabis related businesses, and special concerns that lenders and other parties should address when dealing with those in the industry.

Which contract counterparty rights survive rejection, and what can be done when negotiating a contract at the front end to plan for or defend against the rule of Tempnology? This panel will discuss these issues and more.

This panel will discuss improper purposes and the use of chapter 11 (NRA and Stream TV Networks, Inc.), analyze chapter 11 issues in liquidating cases, and cover what attorneys and other professionals need to know when preparing chapter 11 liquidation plans.

Last year, two very different cases achieved substantial returns to equityholders: Hertz and Garrett Motion. This panel will review how Hertz and Garrett Motion were able to achieve this result, including the circumstances that brought these companies to chapter 11 and the value-maximization strategies employed, the auction processes in each case, and how future tort claims were valued. The panel will also hold a broader discussion regarding the financial advisor’s role in the chapter 11 process from inception to exit.

This panel will cover makewholes, including an examination of Hertz and Ultra, a comparison of Second, Third and Fifth Circuit precedents and the recent makewhole premium dispute in Mallinckrodt; and structured dismissals in bankruptcy post-Jevic, including In re KG Winddown, Forever 21, Basic Energy and more.

Industry experts from the past four decades will walk attendees down insolvency memory lane.

Recent large bankruptcies like NRA, Boy Scouts of America, Roman Catholic Archdiocese, Purdue Pharma and J&J have invigorated debate over the longstanding issues of venue and bad faith in bankruptcy. This panel will explore matters surrounding venue and bad-faith filings, related ethics considerations, and the newest wave of reform initiatives.

Join ABI Editor-at-Large Bill Rochelle as he hosts a panel of bankruptcy judges to discuss circuit splits and hot topics on important bankruptcy issues. Back again from the Winter Leadership Conference, this attendee-favorite panel will be presented in a fun game show format, where judges will vote to resolve the issues before they reach the Supreme Court.