Govt. Claims/Sovereign Immunity

Join ABI Editor-at-Large Bill Rochelle for this fun and informative session as he and six judges address recent Second Circuit cases, and predict how the circuit will rule on tough questions on the way up. An attendee favorite!

This panel will analyze recent sovereign debt restructurings in Argentina, El Salvador and other nations, and will explore how governments leverage infrastructure and sovereign wealth funds to address financial crises.

This panel will discuss pending and recently decided Supreme Court cases.

This panel will focus on ways in which different levels of government can influence and support the revitalization of distressed real estate, from policy, process and funding perspectives. The panelists will discuss opportunities for public and private partnerships, as well as the interplay between state and local mandates and policies, and will share examples of property revitalization projects. The panelists also will explore policies and tools that aim to address housing availability and reduce homelessness.

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 you ever wonder what a particular Supreme Court decision means for you and your practice? This panel will discuss the Supreme Court’s general approach to deciding cases, including bankruptcy cases, and what those decisions mean for the bankruptcy and larger legal community. The panelists will use decisions from last term (as well as those to be argued this term) to help attendees better understand the decisions, how they might influence lower court decisions, and what it all means for those subjected to their decisions.

New developments occur regularly in bankruptcy law, and this past year was no different. This session will provide you with an overview of important U.S. Supreme Court decisions that came down in the 2022-23 session that relate to bankruptcy, as well as the recent Purdue Pharma decision from the Second Circuit Court of Appeals. The panelists will review the facts and key holdings of each case, and how they may affect pending and future cases. Discussions will include the nondischargeability of debt due to fraud committed by a partner, the treatment of certain statutes as “jurisdictional” versus preconditions to relief, violations of the Fifth Amendment’s takings clause, whether Indian tribes have sovereign immunity from damages claims for violations of the automatic stay, the allowance of nonconsensual releases of creditors’ direct claims against non-debtors in the Purdue Pharma L.P. chapter 11 plan, and recent developments on the “solvent debtor” exception in chapter 11 cases.

Learn about the hot buttons, goals and objectives of state and federal taxing authorities in the zone of insolvency during this lively session.

Learn about the hot buttons, goals and objectives of state and federal taxing authorities in the zone of insolvency during this lively session.