Business Reorganization

Panel will highlight practice risks that include debtor and creditor viewpoints. The topics will include: tracking and anticipating obvious and unknown deadlines, appreciating inherent conflicts that may pose ethical problems as well as critical path obstacles to hidden conflicts of interest, springing conflicts of interest, undisclosed client expectations creating dissatisfaction with the process and outcome, and underestimating expense and delay leading to crisis of payment and inability to effectuate strategy.

The panel will discuss myriad issues (including ethical issues) that have arisen, and will likely arise in the future, as the current trend of third party litigation funding begins to be a more common funding vehicle in bankruptcy cases.

This panel will evaluate the Company’s ability to generate future cash flows sufficient to cover its obligations. This evaluation should include the viewpoints of each of the constituencies involved in the case (Debtor, Unsecured, Successor) on what the restructured debt/liability levels should be, and how the Company’s future cash flows can support their view of these obligations, including the potential to eventually refinance.

This panel comprised of white collar legal specialists, prosecutors and litigators will discuss the various bankruptcy crime and fraud topics including 18 U.S.C. § 157, 11 U.S.C. §§ 523 and 727 and the Supreme Court’s recent decisions in Shaw v. United States and Husky International Electronics, Inc. v. Ritz.

In March 2017, the Supreme Court issued its decision Czyzewski v. Jevic Holding Corporation. The Jevic case has been regarded as the most important Supreme Court case impacting chapter 11 practice in the last decade. This panel of experts will be discussing the impact and implications that the Jevic decision will have on business bankruptcies for years to come.

This session will feature a “speed-dating-style” of roundtable discussion of current bankruptcy and practical skills issues with regional judges and trustees changing tables every 15-20 minutes.

Bill Rochelle will review the cases creating a bankruptcy buzz that practitioners should be aware of.