Business

This panel discusses idiosyncrasies and potential ethical traps of the attorney/client privilege laws in the Caymans and the U.S., and when those laws apply, even in recognition and other cross-border matters.

This panel will update attendees on the latest trends in recent chapter 15 cases and cross-border restructurings, identifying key legal principles, emerging patterns in judicial decision-making, and the broader implications these cases have for international insolvency practices.

Hosted by Financial Advisors and Investment Banking & Unsecured Trade Creditors Committees This panel will discuss the strategic use of valuation evidence throughout the life of a chapter 11 case, from financing and sale process to confirmation and fraudulent conveyance/other litigation.

Hosted by Commercial Fraud & Ethics and Professional Compensation Committees This session will provide an overview of recent high-profile cases, including those of FTX, Kenneth Chesebro, Rudy Giuliani and Judge David R. Jones, and discuss the ethical issues raised, including the limits of advocacy, responsibility of the profession, duty of candor and truthfulness, prohibition on assisting in criminal activity, and the duty to report professional misconduct.

This panel will explore how good faith and bad faith are used in the Code and when it matters, how “developed” these notions are in the case law, and balancing the debtor’s right to dismiss when facing a motion to convert for cause under § 1307 for bad faith. The panelists will consider Marrama v. Citizens Bank of Massachusetts and Law v. Siegel, the effect on property of the estate in a converted case under § 348 when converted in “in bad faith,” when a plan is not considered proposed in good faith under § 325, § 707(b)(3) dismissals when there is no presumption of abuse, avoiding a dismissal under § 521 related to document production, and filing a “repeat” debtor in a 7 when a 13 was filed less than six years prior under the “70% claims paid/plan proposed in good faith” exception.

This panel will provide an in-depth examination of the claims-allowance process in bankruptcy, focusing on the latest developments and contentious issues that are shaping this critical area of practice. As bankruptcy courts continue to address complex claims-related disputes, understanding the nuances of standing, timing and calculations has become more important than ever for practitioners.

Everyone knows that estate professionals must be disinterested and able to represent the debtor free of conflicts. But what happens when the professional represents a related nondebtor party — for example, the private-equity sponsor or the sole member/shareholder? What if the professional has relationships with others in the case? The professional may bring significant experience and value to the table, some being derived from its prior representation of the debtor, creditors or others involved in the case. When do these considerations outweigh the interests of the estate and the integrity of the system? Is disclosure of the potential conflicts and relationships enough? This panel will explore these and related issues to help guide professionals and judges alike.

Hosted by Bankruptcy Litigation & Real Estate Committees Fraud is an ever-present concern in bankruptcy cases, manifesting in various forms from False Claims Act violations to Ponzi schemes. This panel will provide practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context.

Hosted by International & Asset Sales Committees Several U.S. bankruptcy courts recently have recognized CCAA reverse vesting orders in chapter 15 cases, but not without some reservations as to their breadth and effect. This panel will discuss the use of reverse vesting orders to effect asset sales in cross-border transactions.

With the increasing role of private capital (debt and/or equity) in health care businesses, from hospitals to specialty practices, the financial pressures, challenging payor reimbursement rates and regulatory environment have led to a growing number of restructurings and bankruptcies in this sector. This highly experienced panel of bankruptcy attorneys and financial advisors will discuss the critical issues involved in health care insolvency proceedings, including private-equity ownership and use of private capital on restructuring strategies, regulatory and compliance challenges, patient care considerations, and the role of the courts in balancing financial recovery with public health concerns. The discussion also will cover recent case studies, highlighting the lessons learned and best practices for managing these complex cases.