Business Reorganization

This panel will explore the basics of privilege and how it is used in bankruptcy litigation. Do members of an LLC have access to privileged info? Do former board members have rights to privileged info? Does a trustee of an individual debtor have rights to the individual debtor's privileged information? Is a trustee required to turn over his/her privileged information to the debtor after it retakes possession? Can mediation privilege be used to cloak an entire bankruptcy case so that all information is immune from discovery from non-mediation parties or its adversaries?

This panel will explore plan-confirmation considerations for chapter 11 debtors in small business cases compared to those debtors that have elected to proceed under subchapter V, with a focus on comparing the cramdown requirements and select plan-confirmation issues.

This panel will explore an as-yet-untested question: Can a domestic debtor use the law of another country to effect the restructuring of all or some of its debt, then commence a chapter 15 case and bind U.S. creditors to the terms of that foreign restructuring? Some think that this scenario is inevitable. The panelists will discuss how U.S. and foreign insolvency laws may be utilized by U.S. debtors, and the potential incentives, benefits and risks associated with this type of restructuring.

ABI's Strategies and Perspectives webinar series provides insights into strategies used by industry leaders on major complex bankruptcies. This second presentation in ABI's Strategies and Perspectives series will discuss the Boy Scouts of America chapter 11, a case that demonstrates the complexity and confluence of differing stakeholder positions. The panelists will discuss the intricacies of this case, including the goals of the debtor, the large group of plaintiffs and the insurers.

Attendees will work through case problems in small judge-led groups.

This panel will discuss subchapter V updates, including dischargeability, voting and other issues, and will feature a Showdown at the Supremes discussion on Purdue Pharma, as well as a point/counterpoint talk on merchant cash advances (MCAs) and their related bankruptcy issues.

Receiverships under state law have become an increasingly popular and meaningful alternative to bankruptcy, specifically when there are events of fraud, misappropriations of assets and related regulatory-body involvement. This panel will examine the basics of such receiverships and, given the current state of federal law (which excludes cannabis-related businesses from bankruptcy), will use the cannabis industry as an example to discuss the details, benefits and potential pitfalls of state court receiverships for highly regulated businesses. The panelists also will explore the Uniform Commercial Real Estate Receivership Act.

Do bankruptcy courts have jurisdiction to enter nonconsensual releases under any circumstance? This panel will explore this question and more.