Fraudulent Transfers

This panel will address recent case developments in fraudulent transfer and preference law, and their practical implications for practitioners. The discussion will include whether and how to advise clients preparing for bankruptcy with an eye toward fraudulent transfer and preference issues, and whether and how to recover on and monetize these actions during bankruptcy.

This panel will compare and contrast the SPAC craze of 2020-21 to see where we are now and what lies ahead.

Bankruptcy judges will discuss the most talked-about current events and controversial opinions in the insolvency world with ABI Editor-at-Large Bill Rochelle.

This panel will discuss and analyze attacks on pre-bankruptcy transactions, specifically certain transactions that (1) resulted in modifications to corporate governance or subsidiary status; (2) were at the behest of directors and officers and that may or may not have been to the detriment of the company; (3) were designed to limit liabilities in a workout or reorganization scenario; (4) modified rights or obligations owed to lenders, including the grant of additional security; or (5) were done for some other purpose. During the discussion, the panelists will focus on the analysis of the potential attack on such transactions, as well as the strategy for launching (or planning to launch) such an attack.

We all deal with fraudulent transfers, but sometimes issues that don’t come up in routine fraudulent-transfer cases might get overlooked. Do insurance policies cover fraudulent-transfer claims? Can a group of fraudulent-transfer plaintiffs assert a class action against a defendant? In terms of an actual fraud fraudulent transfer, what if a defendant has a mixed intent, part of which is impermissible and part of which is permissible? When can a fraudulent-transfer defendant use the “identity of interest” and “common enterprise” defenses? How can unjust enrichment be used as an alternative to a fraudulent transfer? How do the events of the past three years impact valuations, solvency opinions and fairness opinions prepared during that time and today? This panel will provide answers to and perspectives on these questions and more.

This panel will examine the fraudulent transfer (and other) risks associated with a leveraged transaction, including LBOs and dividend recap transactions, and the steps that may be taken to mitigate those risks. The panelists will approach each topic with a 360-degree view, exploring the issues from the perspectives of board members, debt capital providers and equity sponsors/shareholders.

Bankruptcy Judges Elizabeth Brown and Michael Romero will discuss the year’s widest splits and most controversial opinions with ABI Editor-at-Large Bill Rochelle.

Join ABI Editor-at-Large Bill Rochelle as he hosts a panel of bankruptcy judges to discuss circuit splits on important bankruptcy issues. Back again from the Annual Spring Meeting, this attendee-favorite panel will be presented in a fun game show format, where judges will vote to resolve the issues before they reach the U.S. Supreme Court.

This past year has seen a remarkable number of wide splits and controversial opinions. This panel of experts, moderated by ABI Editor-at-Large Bill Rochelle, will discuss and analyze current notable business and consumer bankruptcy cases.