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Business Reorganization

Climate Change: The Leading Cause of Tomorrow’s Insolvency Problems

Climate change is ravaging the world through droughts, flooding, fires, intense heat and deforestation, among other environmental events. Numerous industries have already been impacted, and other industries will be affected, including agriculture, hospitality, construction and insurance. This panel provides an overview of the economic impact of climate change and the ways in which insolvency professionals will be expected to address this ever-increasing cause of financial distress.

Pre-Bankruptcy Planning: Too Much or Too Little?

This panel will discuss pre-bankruptcy planning in the wake of In re LTL Management. What must you do? What may you do? What are the limits?
1 hour 10 minutes 4 seconds

ABI Talks (2023 Southwest Bankruptcy Conference)

Topics: Four Legislative Changes for Third-Party Releases “DIP Order Creep”: What Can You Get Now? “Person Aggrieved” and Bankruptcy Appeals State of the Market
1 hour 3 minutes 31 seconds

Supreme Court Jurisprudence

The panel will discuss bankruptcy Supreme Court cases from the last two years and their effects at the trial court level. The panelists will also highlight key issues where there are circuit splits that may provide ground for future Supreme Court jurisprudence.
1 hour 14 minutes 7 seconds

Involuntary Bankruptcies

This panel will provide practical information and business considerations for filing an involuntary bankruptcy case, and helpful guidance when litigating entry of an order for relief.
1 hour 12 minutes 35 seconds

Alternatives to Bankruptcy

This panel will cover various proceedings alternative to bankruptcy, with a focus on assignments for the benefit of creditors. The panelists will provide an overview of popular bankruptcy alternatives and discuss their practicalities.
1 hour 12 minutes 56 seconds

Construction Bankruptcies

This panel will delve into everything you ever wanted to know about the intersection of construction law and bankruptcy.
1 hour 14 minutes 10 seconds

Avoidance Actions

This panel will analyze several recent and potentially controversial issues, including current views of the courts, arising in connection with avoidance actions in business bankruptcies, including the extent of due diligence required prior to bringing such actions, the sale of rights in proceeds of avoidance actions and the actions themselves; current views on replacement liens and adequate-protection liens attaching to avoidance actions granted to secured creditors in connection with debtor-in-possession financing and adequate-protection liens; provisions of DIP-financing orders extinguishing the rights of unsecured creditors to pursue avoidance actions against secured creditors; the application of strong-arm statutes and extended reach-back provisions; and issues related to proving insolvency at trial.