Investment Banking

Unregulated and nontraditional capital providers are sources of end-to-end liquidity from origination through chapter 11 and from middle-market to mega cases. This panel will consider the motivations and aims of these market participants, and how they are likely to change the character of the next restructuring cycle.

Keynote Address

This panel will discuss the value and involvement of financial advisors and investment bankers in successful § 363 sales, as well as strategies for working with financial advisors and investment bankers to navigate negotiations of § 363 sale terms, maximizing recoveries, and handling ethical issues that may arise in § 363 sales.

This panel will explore recent cases and trends of credit bidding in chapter 11 cases. Many lenders are now requesting up-front approval of credit bid rights in debtor-in-possession financing orders, which would curtail the bankruptcy court’s ability to modify or limit credit bidding rights under Bankruptcy Code § 363(k) later on when the assets are auctioned. The panel will examine recent decisions on credit bidding and what limitations courts have applied to a secured creditor’s right to credit bid in bankruptcy cases. The panel will also explore cross-border issues concerning credit bidding on groups of assets that are be owned by foreign entities, and the interplay between courts concerning the sale of these types of assets.

Restructuring professionals deal daily with distressed transactions involving all industries, shapes and sizes. Distressed investors are critical drivers of the restructuring industry and the U.S. economy as a whole. What drives distressed investors? How do they evaluate potential distressed targets? This panel consists of distressed investors and professionals representing distressed investors who evaluate these assets and close these deals.

This session will highlight the role of financial advisors, investment bankers, examiners, local counsel, plan officers and guardians.

Recent high-profile cases have been impacted by credit derivatives (e.g., Hovnanian, Sears, Caesars, iHeart). The panelists will discuss how these situations have unfolded and their effects. What pre-filing diligence should a debtor perform in order to be prepared?

A number of recent high-profile cases have been impacted by credit derivatives (e.g., Hovnanian, Sears, Caesars, iHeart). The panelists discuss how these situations have unfolded and their effects. What pre-filing diligence should a debtor perform in order to be prepared?

Through the EB-5 immigrant investor program, a foreign national can invest at least $500,000 into a qualified project, and if that investment leads to the creation of at least 10 jobs in the U.S., the investor becomes eligible for permanent U.S. residency. The EB-5 Program has expanded dramatically over the last decade, typically with USCIS-qualified “regional centers” pooling investments to provide inexpensive liquidity to real estate developments and other businesses. This panel will discuss recent developments and issues involved in EB-5 restructurings and chapter 11s.

This panel, comprised of investment bankers, lawyers and principals of hedge funds, explores whether, when and how the goals and strategies of hedge funds and private-equity funds in chapter 11 cases differ from those of other creditors, including banks, insurance companies, trade creditors, unions and governmental agencies.