Business

Resolved: The doctrine of in pari delicto should bar a trustee from recovering solely for the benefit of creditors.Resolved: The above transaction is an avoidable fraudulent conveyance, and the original lenders may recover more than via a general unsecured claim.A debtor engaged in an LME transaction in which the debtor received substantial liquidity by subordinating a debt secured by a first lien on the debtor’s principal assets to a new, more senior first lien. The debtor received desperately needed liquidity, but the subordination substantially impaired the recoveries received by the original first-lien lenders. A subsequent bankruptcy was filed within 18 months. Unsecured creditor recoveries will be 2%. The court determined that the subordination agreement violated the terms of the original loan agreements.

This panel will focus on chapter 7 trustee standing to pursue assets, plus the use of expert witnesses, sufficiency of complaints (Pack Liquidating) and sales of avoidance actions (South Coast). The panelists also will discuss recent case law on preference and fraudulent-transfer defenses, the extension of statutes of limitations (Kwok), and the role of both voluntary and mandatory mediation procedures.

This panel will discuss post-Purdue case developments, including what constitutes “consent” and the role of opt-out releases (Spirit and other recent cases), third-party stays and injunctions, solicitations (Red River Talc), and the role of financial distress in chapter 11 and whether it is too restrictive (LTL). The panelists also will provide an update on where we stand regarding prepacks, nonvoting classes when confirming subchapter V plans (SushiZushi), out-of-court solutions and liability-management exercises.

Sponsored by SC&H CapitalJoin us for the second session of a three-part webinar series, hosted by ABI Capital Partner SC&H Capital. This second session will discuss private credit loan refinancing, including considerations for borrowers and new lenders. With a focus on the use of private credit and traditional and alternative financing vehicles, industry leaders will discuss how the strategies for and structures of merger-and-acquisition transactions have changed, and what is expected in the current, future and volatile markets. The third session, taking place in November, will address how officers and directors must focus on complex issues and elevated responsibilities in the context of these types of transactions. Attendees will gain valuable insights — from investment bankers, attorneys and financial advisors who are on the front lines of these kinds of transactions — that will inform them now and in the future.

This webinar will focus on several hot topics pertaining mediation and ADR, such as the duty of disclosures for mediators and other neutrals, recent issues that have arisen regarding the scope of mediation confidentiality, and the pros and cons of having judicial mediators vs. private mediators.

Hear the latest on what's happening on Capitol Hill involving the bankruptcy system. Proposed legislation to amend the bankruptcy code, needed changes to Subchapter V, what the rumor mill might be saying about laws in the pipeline - these panelists are involved in the discussions with legislators and will report on what's happening now and what's coming down the road ahead.

Securing plan confirmation is rarely straightforward. From feasibility disputes to contested classifications and objections over good faith, bankruptcy professionals must navigate a range of legal and strategic hurdles. This panel will delve into the most pressing issues impacting plan confirmation today, including judicial interpretations of key confirmation requirements, creditor pushback on cramdown provisions, and the growing influence of subchapter V in small business reorganizations. Panelists also will highlight practical pitfalls that can derail confirmation, and will share approaches to overcoming objections and achieving consensual resolutions. 

This panel will address the most recent developments in preference case law, including with respect to the new value and ordinary course of business defenses, due diligence, evidence, the sale of and liens on preference actions, recent cases at the U.S. Supreme Court, and preference actions in recent mass tort- and crypto-driven bankruptcy cases.

This panel will address a variety of post-confirmation topics, starting with the pre-effective date planning and issues, and post-effective date pitfalls and deadlines. Attendees will also learn about other important topics particular to Subchapter V, post-confirmation jurisdiction, and useful tips for creditors.

Discovery in bankruptcy contested matters can be just as complex and consequential as in traditional litigation, but with its own unique rules, limitations and strategic considerations. This panel will address recent case law, jurisdictional nuances, and the practical challenges of balancing efficiency with due process. Whether you’re initiating discovery or responding to it, this session will provide valuable insights into managing discovery effectively within the procedural framework of the Bankruptcy Code.