Finance and Banking

This panel will discuss some accounting basics in terms of what trustees and creditors can learn about the debtor early in a case from various financial documents, information gleaned from tax returns beyond just refunds pending, when and why valuations are needed and the methods and assumptions to consider, and the use of cash collateral budgets and projections.

When a client comes to you with a small business in trouble, do you fully understand the financial information they are sharing with you so that you can properly advise them? This session will discuss how to read and understand that financial information, covering such issues as the difference between a financial statement and a balance sheet, the difference between a financial statement that is audited and one that is reviewed or compiled by management, profit-and-loss statements and how does they differ from cash-flow statement, and the levels and types of financial information your client needs to assemble, and you need to understand, for your client to be successful in reorganizing.

With the legalization of marijuana in many states, there are now large numbers of individuals and businesses that derive their income from growing and selling marijuana and from other business activities related to marijuana. This session addresses the issues that emerge when individuals and businesses in this industry encounter financial problems. What are the sources of governing law (state/federal)? Is bankruptcy an option? How are marijuana-related income and assets treated? What are a bankruptcy trustee’s rights and responsibilities in dealing with a marijuana-related business? What ethical issues arise for attorneys representing individuals and entities in this industry? How does the U.S. Trustee’s Office address these issues in light of the conflict between federal law and some states’ laws? What is the direction of the developing body of bankruptcy case law regarding this industry?

Impact of Insolvency on Cryptocurrency, Smart Contracts and Initial Coin Offerings by IWIRC

Do unfair trading practices (UTP) in Europe represent a new Gold Rush, and how will they impact the restructuring and turnaround market? In this panel, TMA professionals will discuss potential solutions for and the future of these practices.

Blockchain technology has the tech and business sectors abuzz. Legislators, regulators and the judiciary struggle to keep up with the breakneck pace of development. Much of the initial focus has been on Bitcoin, the virtual currency that was the first major blockchain-based application, but interest and activity by both industry and policymakers is quickly shifting toward broader uses of blockchains. A blockchain, also sometimes called a distributed ledger, is essentially an online database that, instead of being controlled by a central authority, is created, managed and used in a decentralized way by its users on a peer-to-peer network. The shared, transparent and unalterable nature of a blockchain creates the perfect environment for the transfer of assets (physical, informational or financial). A blockchain network eliminates the need for a central record system or intermediary to establish ownership and trust, allowing individuals with no previous relationship to exchange such assets in a secure manner. This technology is still in its infancy, but it is fast giving rise to “initial coin offerings” as a new form of raising capital, massive (and wildly speculative) investment in various virtual currencies, and other transformative technologies. Although blockchains’ possibilities are exciting, the uncertainty and instability surrounding many blockchain applications, certainly including cryptocurrencies, is likely to result in significant distressed scenarios requiring specialized knowledge of both this extraordinary technology and insolvency law.

This panel will focus on what the numbers mean, who cares about them and why they care — and why you should care, too.

This session will examine key chapter 11 plan and confirmation issues and considerations, including plan-support agreements, nonconsensual third-party plan releases, classification and voting, valuation and cramdown interest rates, and “gifting” in plans post-Jevic.

There has been an increasing trend toward using creative structures to transact around limitations in debt documents in order to raise debt, sell assets and/or distribute value to certain stakeholders, including transferring assets to unrestricted subsidiaries, sale/leaseback transactions and FILO loan structures. Take a look into the resulting litigation surrounding these transactions (e.g., Windstream, iHeart, J.Crew) and discuss how the credit default swap market is affecting financing structures.

Ethical considerations in the preparation and presentation of financial consultants as expert witnesses and other ethics hot topics including recent developments in disclosure requirements and civility.