Business Reorganization

Resolved: Hiring an independent CRO displaces the need for the appointment of a chapter 11 trustee under § 1104(e) of the Bankruptcy Code. Resolved: Holders of acquired claims should be required to disclose the basis in such a claim as a condition for seeking relief in a bankruptcy case. Resolved: Holders of acquired claims should be required to disclose the basis in such a claim as a condition for seeking relief in a bankruptcy case.

In an environment of rapid technological change and political uncertainty, automotive suppliers face fresh challenges. This panel will explore the possibility of trade wars, the politics of infrastructure, and the challenges and possibilities presented by self-driving cars and emerging technologies.

This panel will explore the components of the DIP budget and the key issues for different stakeholders. The panelists will discuss how the DIP is constructed, negotiated and presented based on the interests of the debtor, lenders and unsecured creditors, and offer insight for professionals at every level of experience.

This panel will present a lively discussion of key issues decided in business and consumer bankruptcy cases throughout the country over the past year.

Limited liability companies are outpacing corporations as the preferred business form, but they are a newly popular type of entity. This panel will track LLC law as it rapidly evolves to deal with the unique issues LLCs present. How does the Bankruptcy Code interact with state law in handling these issues, including member- and manager-managed LLCs, single-member LLCs, LLCs as assets of an estate, charging liens, restrictions on attachment or transfer of membership interests, and forced insolvencies? Please join us as we examine the clues to unravel the case of this curious entity.

This panel will discuss the challenges facing colleges and universities, and the financial advisor’s role in assisting stakeholders in addressing these challenges. The panelists will discuss the dynamics associated with turning around a college or university and how that process differs from the kinds of turnarounds that most professionals are familiar with.

Rarely has a hashtag so completely captured the urgency and gravity of a major shift in national consciousness. This panel of experts will lead an interactive discussion on issues confronting the legal profession in the #MeToo world, examining legal, practical and ethical considerations through a series of vignettes. What should be done about the difficult client that represents a significant portion of firm revenue? What are best practices for lawyers in supervisory and managerial roles? What resources are available to attorneys who find themselves subjected to inappropriate or actionable conduct? How may explicit or implicit bias and harassment play out in the adversary system and in negotiations, litigation and the courtroom? Finally, what is the role of the judiciary in addressing these critical issues? The panel will tackle these questions head-on in a plenary ripped from today's headlines.

Many of the challenges that exist in complex business cases are equally at play in small commercial cases. But whereas time and resources might be more abundant in the larger cases, small chapter 11 restructurings frequently demand a more organized — and affordable — process. In this session, the panelists will discuss strategies for efficient reorganizations in small commercial cases by examining different structures for maximizing success, including out-of-court restructuring alternatives, prearranged filings, disincorporation (the transfer of all assets to an individual owner, who then files) and mergers (the combining of entities to avoid multiple filings). The panel will also review Bankruptcy Code and local rules that can be utilized for a simpler, more efficient restructuring process.

Recent court decisions will impact future commercial restructuring. The panel will provide an overview of the four most pressing issues in commercial restructuring over the past year, including debt recharacterization, third party releases, cram down interest rates, and rights of dissenting bondholders in out of court workouts. In each instance, our expert panelists will provide an overview of the issue at hand, recent case law developments, and considerations of their impact on future restructurings.