Business Reorganization

Before the DIP-financing or cash-collateral negotiation begins, there are a number of ways you can help your cash-strapped debtor raise cash. This session will share valuable tips for what you can do before reaching out to your client's lender, and how you can help fund a debtor from the first call until a sale or plan confirmation.

A year into the global pandemic, U.S. businesses and consumers remain affected in unprecedented ways. This panel of public policy and insolvency experts will share their insights and answer questions relating to the most recent federal stabilization programs, including updates to the PPP program, relief for municipalities and other relief provisions. The panelists will also discuss the administration's priorities and additional potential congressional action. Sure to be part of the discussion are student loans, the Consumer Bankruptcy Reform Act and the SBRA.

This important plenary session will set the stage for the Annual Spring Meeting by discussing the economic, scientific and behavioral influences that will, at least in part, shape the restructuring landscape in the coming year. Led by a major international media organization, the panel discussion will include leaders from key constituent groups in the restructuring arena, including law firms, investment bankers, lenders and other financial leaders. The panelists will focus on macroeconomic predictions for 2021, industry expectations and risks, and how the COVID-19 pandemic and vaccines will impact the economy in 2021 and beyond.

In the past year, ending June 30, 2021, there have been 6,871 number of chapter 11 filings nationwide, and only 149 of them were of health care companies. Is there still distress in the industry, or did the U.S.’s stimulus funding correct the distress?

This plenary will present two exciting debates on timely circuit split topics. Judges will be paired with emerging regional leaders to face off over key bankruptcy issues. Resolved: The automatic stay terminates automatically after a repeat filing only to property of the debtor, and not to estate property. Resolved: A “makewhole” provision may be enforced against a debtor and is not disallowed as “unmatured interest” pursuant to Bankruptcy Code § 502(b)(2).

Based on the "Ted Talks" format, presenters will address timely and divisive issues such as rejection of power purchase agreements, the future of oil and gas, venue alternatives and an analytical review of Bankruptcy Appellate Panels reversal and affirmances.  Nellwyn Voorhies Donlin, Recano & Company, Inc.; New York Jurisdictional Battle: Bankruptcy Courts vs. FERC in Rejection of Power Purchase Agreements Theodore E. Tsekerides Weil, Gotshal & Manges LLP; New York Ninth Circuit as an Alternative to SDNY/Delaware Tobias S. Keller Keller Benvenutti Kim LLP; San Francisco Current State and Near Future of Oil and Gas Scott M. Pinsonnault Ankura Consulting Group, LLC; Indian Hills, Colo. Analytical Review of Reversal/Affirmance Rates Between BAPs and District Courts in BAP Circuits Steven D. Jerome Snell & Wilmer L.L.P.; Phoenix

This panel will discuss notable Chapter 11 cases and legislation from the past year for an overall refresher and update on chapter 11 basics and trends.

Uncle Sam said “Take the money...everything will be OK”. Now, the IRS, SBA and Congress are changing the rules, creating new hurdles for distressed businesses. This panel dives into recent legislation in CARES II and the evolving legal and regulatory landscape governing access to, and repayment of, PPP and EIDL loans.

A look at the economic impact of COVID and the road ahead, including which industries will continue to struggle and may be casualties, which seem immune to the pandemic’s effects, and which were initially sick but appear to be on the road to recovery.

States across the country have enacted so-called “reviver” statutes, allowing otherwise time-barred claims for childhood sexual abuse to proceed. History has shown that bankruptcy filings by targeted institutions are a natural byproduct of reviver statutes and laws tolling the applicable statutes of limitations for sexual abuse claims. Indeed, an increasing number of bankruptcies have been filed in the wake of reviver statutes and new waves of sexual abuse claims. This panel will discuss issues that arise at the crossroads of sexual abuse claims and chapter 11, including the tension caused by using a financial reorganization tool to resolve highly emotional personal-injury claims, the stresses that cases of this ilk place on the Bankruptcy Code (including the uniqueness of claims bar dates in cases of this sort, nonprofit debtors and the absolute priority rule, and the propriety of third-party releases), and the use of mediation to globally resolve these cases.