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Business Reorganization

ABI-Live: Restructuring of Continuing Care Retirement Communities

HOSTED BY: HEALTH CARE AND SECURED CREDIT COMMITTEES The restructuring of continuing care retirement communities (CCRCs) has increased in recent years. CCRCs provide senior citizens with a continuum of care, comprised of independent living, assisted living and skilled nursing. Residents pay an upfront entrance fee, which often is 75%-90% refundable, and a monthly maintenance fee. The need to repay entrance fees with funds from entrance fees paid by subsequent residents makes CCRCs particularly susceptible to variances in occupancy, and the upfront payment of entrance fees exposes CCRCs to rising health care costs. CCRC bankruptcies are further complicated by the need to ensure quality care for current residents and the oversight of the state attorney general’s office and other regulatory authorities. This webinar will explore these issues and other potential pitfalls of CCRC bankruptcies.
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1 hour 24 minutes 24 seconds

Bankruptcy Medley: Recent News and Cases of Interest

Trending issues, circuit splits and noteworthy topics in bankruptcy courts will be the focus of this discussion. The panel will cover topics of interest in business, with no specific emphasis and in no particular order. Attendees are encouraged to participate with questions and issues drawn from their own experiences.
1 hour 25 minutes 51 seconds

Coal Mining

2015 marks an unprecedented year of distress for the entire coal mining industry. During this session, the panel will provide the audience with a complete picture of the major operational, financial, legal, and regulatory issues that have led to the present state of the industry and offer a glimpse into how these issues might impact restructurings in the industry and the overall health of the industry for years to come.

Oil and Gas Restructurings: Unique and Complex Capital Structures and Challenges

This panel will explore the oil and gas industry from a restructuring perspective. The panel will also examine the unique and complex capital structures that are frequently present in oil and gas companies, which present challenges for the restructuring practitioner. Finally, the panel will review the basic features of pertinent legal documentation, including the rights and remedies of the players in this space, that must be accounted for in devising restructuring solutions.

Business Reorganization/Real Estate

Big and Little Boxes: The Ins and Outs of Retail Restructuring
1 hour 13 minutes 30 seconds

A New Weapon in Mega-Bankruptcy Cases: The Trust Indenture Act

Courts and commentators have long agreed that the Trust Indenture Act (TIA) provides protection against majority amendment to certain core terms. Given recent aggressive maneuvers in mega-cases, the TIA has become a weapon of choice for bondholders to fight back. More pressing questions, however, concern the breadth of this protection in nonconsensual debt restructurings. Should the TIA protect the ability, and not merely the formal right, to receive payment in some circumstances? Is it limited to conduct that disenfranchises the minority, or does it have broader uses as a weapon against unilateral conduct by the issuer that hurts bondholders’ recovery?
1 hour 11 minutes 29 seconds

Great Debates

Resolved: A chapter 11 plan can grant a third-party release. Resolved: A bankruptcy judge can disband a creditors’ committee. Resolved: Filing a proof of claim on a time-barred debt violates the FDCPA
1 hour 15 minutes 22 seconds

ABI-Live: Tax Credit Projects in Distress

It's become increasingly popular for businesses, developers and project sponsors to take advantage of specialized tax credit programs at the federal and state levels designed to incentivize investment in affordable housing, low-income communities and historic preservation. Bankruptcy and workout professionals should have a basic understanding of these tax credit programs and the unique issues that can arise in workouts and bankruptcies involving projects financed through the use of tax credits. This webinar will cover: 1)Low-Income Housing Tax Credit (LIHTC); 2)New Market Tax Credit (NMTC); 3)Historic Tax Credit (HTC) programs; 4)And will explore some of the unique issues and challenges that arise in workouts and bankruptcies involving projects financed through such programs. ABI will seek 1.5 hours of general CLE credit in 60-minute-hour states and 1.75 hours of credit in 50-minute-hour states. CLE-Approved States: ABI’s live webinars and teleconferences ordinarily receive CLE credit in AL, CA, DE, GA, IL, MN, NE, NH, NJ, NY (approved jurisdiction policy), PA, TN and TX. ABI will obtain approval in additional states. ABI does not seek direct accreditation of live webinars in KS and OH. Credit hours granted are subject to approval from each state, which may not be determined prior to the program.
1 hour 33 minutes 30 seconds