Business Reorganization

This panel of bankruptcy judges from the Eighth and Tenth Circuits will discuss several recent decisions from the U.S. Supreme Court, the Eighth and Tenth Circuit Courts of Appeals and Bankruptcy Appellate Panels, and elsewhere that are likely to impact your bankruptcy practice.

This panel will delve into the evolving legal challenges and restructuring opportunities for businesses caught between state and federal regulations, particularly those in the marijuana industry. The panelists will highlight alternatives to bankruptcy for marijuana-related businesses (MRBs) and their creditors, offering practical strategies for financial stability. The session also will cover innovative approaches to restructuring other businesses that operate in legally ambiguous spaces.

In this dynamic session, leading bankruptcy professionals will deliver concise, powerful TED Talk-style presentations on plan gatekeeper provisions, disinterestedness of estate professionals, fighting plan exclusivity and mentoring the next generation.

This panel will analyze and discuss the Supreme Court’s blockbuster decisions in Purdue Pharmaceuticals (non-consensual non-debtor releases), Truck Insurance (insurance neutrality in chapter 11 cases), and John Q. Hammons (refund of unconstitutional US Trustee fee overpayments). Learn about what these decisions mean for similar pending cases and for the future of chapter 11 practice, as well as what these decisions tell us about the Supreme Court and its approach to addressing bankruptcy law issues.

Resolved: Opt-out consensual releases are still permissible after Purdue. Resolved: Solvent debtors are required to pay post-petition interest.

This panel will discuss the differences between state court assignments for the benefit of creditors and receiverships, and chapters 11 and 7 and subchapter V.

ABI Editor-at-Large Bill Rochelle, author of Rochelle’s Daily Wire, will lead a discussion with a panel of judges regarding recent significant cases involving subchapter V case law, simultaneous representation, and the need for financial distress before filing.

This panel will discuss the diverging good-faith and bad-faith standards governing dismissal of bankruptcy petitions under § 1112(b)’s “for cause” provision, including for an alleged lack of financial distress in the wake of the Third Circuit’s LTL decision in 2023. The panelists also will discuss post­-LTL efforts to impose a similar standard in the Fourth Circuit in the Bestwall and Aldrich & Murray cases, which thus far have been unsuccessful.