Business Reorganization

The chapter 11 landscape is evolving. This panel will cover current economic headwinds facing debtors, and structuring bankruptcy strategies and feasible chapter 11 plans in this environment.

Have you ever fallen in and then out of love with someone or something? If you have, was that love ever rekindled? Those questions set the stage for our Saturday morning plenary conversation between Prof. Melissa Jacoby, author of Unjust Debts, and Sam Gerdano, formerly the executive director of ABI. The story involves a deep analysis of, among other things, bankruptcy law’s origins, policy objectives, interpreting the Bankruptcy Code, lawyers’ ethical duties, and consequences in practice. Both Prof. Jacoby and Mr. Gerdano bring a wealth of experience and knowledge; it should be quite the conversation.

This panel will discuss the utility of Rule 2005 and sanctions.

In 2005, Congress enacted sweeping changes in the Bankruptcy Code in a law commonly known as BAPCPA (bap-SEE-puh).  Most insolvency professionals recognize BAPCPA’s changes to consumer bankruptcy, such as the means test, modifications to the discharge exceptions and new limits on homestead exemptions.  But BAPCPA affected business bankruptcy too, making chapter 12 permanent and creating the notion of a “small business case” in chapter 11. As BAPCPA turns 20, this panel reflects on its past two decades: what worked, what didn’t, and what might come next.

Domestic and foreign economic policies (and potentially laws and regulations) are undergoing a seismic shift, leading to increased uncertainties and greater market volatility. This panel considers the business impacts of tariffs, trade policies, tax reform, changes in the regulatory environment, and disruptions in both the public and private sectors. Given the rapid pace of proposed and actual changes, this discussion focuses on current events — with a healthy amount of prognostication — to explore areas of increased or potential financial distress.

Join this powerhouse panel for a lively discussion regarding the true meaning of “vesting” and the implications and issues it brings to both consumer and commercial cases. The panelists debate the various interpretations of vesting and dive into a theoretical discussion of vesting across the Bankruptcy Code chapters. Through the use of hypotheticals, the moderators guide the panel’s discussion through areas of vesting that you might not have ever considered important, but you should. You can’t afford to miss this discussion.

This plenary will consist of small group huddles with judges and fellow attendees to work through case problems.

This panel helps attendees avoid the landmines of a franchisee chapter 11 filing and better understand the current law on leasehold issues, critical vendor considerations, pre-petition termination of franchise agreements and a potpourri of pointers from multiple perspectives. The session also includes a hypothetical with practical solutions and considerations based on recent cases (published and nonpublished opinions) to the hypothetical.