Vermont State Approved Sessions

There have been a number of recent bankruptcy filings by large and high profile healthcare providers, such as the filings of Verity Health System of California, Inc., in Los Angeles (the second largest hospital bankruptcy case in American history), Hospital Acquisition LLC and 25 related debtors d/b/a Promise Health and American Academic Health System (Hahnemann University Hospital and St. Christopher Hospital in Philadelphia) in Wilmington, Delaware, and Astria Health in Yakima, Washington. Additionally, EmpowerHMS owned or helped manage a rural hospital empire that encompassed 18 facilities across eight states. After funding from a controversial lab-billing venture dried up, 12 of the hospitals entered bankruptcy and eight closed their doors. There has also been a steady stream of lower profile cases, including Westlake Hospital in Melrose Park, Illinois, Penobscot Valley Hospital in Maine, and Springfield Hospital, Inc., in Vermont, and it appears that there are more filings in store. The webinar will discuss (i) the reasons for this growing trend of healthcare cases, (ii) the unique challenges in those cases, which involve not only the typical payment of creditor claims, but also the care of patients, (iii) the particular issues that arise uniquely in this class of cases, including jurisdiction over the Medicare and Medicaid Programs, treatment of provider agreements, the intersection of nonprofit law and bankruptcy law, and treatment of medical malpractice claims, and (iv) whether this trend of healthcare filings will continue.

We will take a deeper dive into some of the more interesting and unique local rules that practitioners should be aware of when completing assets sales in various districts. The panelists will also discuss the need for local rules, differences across jurisdictions, and the process for revisions and implementation.

Oftentimes lawyers must deal with people in vulnerable positions- and there are a whole host of rules that govern our behavior in those instances. Cheating (misrepresentation, rule 4.1 and 3.3), Preying (deceptive practices, rule 8.4), and Shoving (fairness to opposing parties and counsel, rule 3.4) are prohibited by the attorney ethics rules...and why not learn about them with a little humor? Join internationally recognized speaker Stuart Teicher, Esq., (the "CLE Performer") as he alerts us to the issues that should concern us when interacting with people who might be at a competitive disadvantage when facing a lawyer.

This panel will discuss preferences and fraudulent conveyances, the Fairfield cases relating to extraterritoriality, and whether returning the funds acts as a defense (Kingsley v. Wetzel (In re Kingsley), 518 F.3d 874, 877-78 (11th Cir. 2008)) versus what the Seventh Circuit has ruled on the issue (Nostalgia Network Inc. v. Lockwood, 315 F3d 717, 720 (7th Cir. 2002)).

How do judges view the various types of committees–official statutory committees (including unsecured creditor, equity, retiree and tort claimant committees) and ad hoc committees? Is the makeup of the committee (trade/landlords/noteholders/bondholders/litigation claimants) relevant? What is Jevic’s impact on the ability of unsecured creditors’ committees to obtain recoveries for their constituents—do committees representing deeply out-of-the-money creditors have anything left in their toolboxes? This panel will discuss these questions and more relating to official and ad hoc committees.

This panel will explore hot-button issues relating to sales, including: limitations on credit bidding; successor liability and related due process considerations; releases for purchasers under sale orders; and the standard for allowance of break-up fees. The panel will also reflect on lessons learned from the emergency section 363 sale of Lehman.

This session will cover a number of recent confirmation hot topics, including pre-packaged reorganization (In re FullBeauty Brands Holding Corp.), make-whole provisions (In re Ultra Petroleum Corp.), reorganization through rights offerings (In re Pacific Drilling SA), and the ‘one day’ confirmation issue (Pacific Western Bank v. Fagerdala USA-Lompac Inc.).

This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country, who will share their thoughts and perspectives — and take questions from the audience — on topics of current interest in both business and consumer cases.

The relaxation of marijuana statutes in many states may present financial opportunities for investors, with high rates of return and better-paying job opportunities for individuals. As with any emerging industry, consolidation and competition will create winners and losers. Whether investors, landlords, trade vendors and employees involved in the cannabis industry can restructure their debts in bankruptcy court, or even participate in a bankruptcy plan, depends on the extent of their connection to the cannabis industry. This panel will explore recent case law on the subject matter and alternative business-restructuring options when bankruptcy is not available, such as receiverships and assignments for the benefit of creditors. The panel will also address relevant consumer bankruptcy issues, including whether an individual employed in the cannabis industry may utilize chapter 13 to formulate and complete a plan.