Business Reorganization

This panel will examine the recent rise and possible fall of the Texas Two-Step, with a focus on the recent LTL and Aero decisions, as well as a discussion on good faith as a necessary aspect of a chapter 11 filing.

Over the last decade, the “restructuring director” has emerged as a key new player in corporate restructurings. This panel will review the rise of the restructuring director, the role they play in restructurings, and the benefits they bring — along with the controversies they cause.

This session will discuss recent decisions and developments regarding third-party releases, both internationally and domestically.

Certain judges have started to require that DIP orders waive any argument that the UCC cannot seek derivative standing to pursue claims on behalf of an LLC debtor. Is this trend rooted in bankruptcy common law? This panel will discuss this question and more.

This panel will present a discussion of recent nonconsensual DIP financings, and take a look at some novel provisions that are becoming more common in DIP orders. The panelists will explore the current status of priming DIP financings/nonconsensual uses of cash collateral, and recent developments in DIP-financing orders, including limitations on the challenge period, large roll-ups, equity participations and "interim order creep."

This session will be divided into three 25-minute mini-panels, with each segment featuring two industry experts from the automotive, real estate and skilled nursing/senior care industries, respectively. The panelists will highlight the latest hurdles these often unpredictable businesses face in a volatile post-COVID-19 economy, including the effects of inflation, ongoing staffing and supply chain issues, potential liquidity crunches and other challenges.

This panel delves into everything you ever wanted to know about the intersection of construction law and bankruptcy.

This panel of economic experts will discuss the effects of inflation, including financing, labor, stock values, and growth vs. recession.

This panel will discuss what happens when lenders default on paying borrowers for non-monetary reasons, such as covenant or compliance violations on real estate loans like debt-coverage-ratio violations. The lenders’ goal is to regain possession of the real estate for investment purposes and deploy it at higher interest rates. The panelists will discuss the impact and efficacy of this strategy from all angles: institutional lender-side, borrower-side and investor-side.