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The panel will address the legal framework by which bankruptcy courts and federal district courts are authorized to hold parties or attorneys in contempt of court. The discussion will focus on the authority of the bankruptcy court, as an Article I tribunal, to enforce the Bankruptcy Code and its orders through civil contempt powers and the penalties associated with those powers. The panel will also cover applicable law and procedure in relation to seeking criminal contempt in the federal district court.

This panel will examine what's involved in getting a subchapter V case across the finish line, starting with best practices for debtors as attorneys position their clients to confirm their plans. The panelists will specifically explore putting together projections and liquidation analyses, the weapons creditors have in their arsenal (including the § 1111(b) election), and the role of subchapter V trustees.

This panel will examine what's involved in getting a subchapter V case across the finish line, starting with best practices for debtors as attorneys position their clients to confirm their plans. The panelists will specifically explore putting together projections and liquidation analyses, the weapons creditors have in their arsenal (including the § 1111(b) election), and the role of subchapter V trustees.

The panelists will cover issues common to § 363 sale processes that can help or harm debtors, creditors, bidders and other parties in interest, including notice, whether covenants really run with the land (§ 363(f)), selling overencumbered property, structured dismissals after Jevic, and venue considerations and recent developments.

Sponsored by ABI's Financial Advisors and Investment Banking Committee Although the COVID-19 emergency has battered many industries, it did not mark the beginning of what is currently besieging colleges and universities; issues have been brewing beneath the surface of these proud institutions for a long time. The headwinds of shrinking enrollment, increased competiton and downward pressures on tuition are causing many institutions in higher education to address their economic viability. Increasing costs and decreasing revenues are a reciepe for disaster in any business, and colleges and universities are not immune to such challenges, which are further exacerbated by regulatory obligations and academic culture, especally when it involves restructuting smaller institutions. Learn first-hand from experts in the field how colleges and universities can best be restructured.

Sponsored by ABI's Commercial and Regulatory Law Committee This panel of experts will discuss the implications for and obligations of attorneys representing companies in chapter 11 when a security incident/data privacy event happens.

Bifurcated fee arrangements involve splitting the consumer chapter 7 engagement into pre-petition and post-petition fee arrangements that require little or no money down for the work required to finish the case. In several jurisdictions across the nation, however, bifurcated fee arrangements in chapter 7 cases are being challenged. This panel will review the complex issues related to these fee arrangements.

Do you know the answers to the hottest ethics issues of the day? Do the experts? Are there actually answers? Audience members will match wits with a panel of ethics experts to see who knows up-to-the-minute ethical issues best! In this fun interactive session, the audience and the experts will try to determine the best answers to cutting-edge ethics questions from the bankruptcy world and beyond. The hot topics and questions will be known only to our Masters of Ceremonies, Tom Horan and Michael P. Richman (who will roam the audience with microphones), and will not be known to our audience or expert panelists Prof. Nancy Rapoport and Claire Wu until they play the game. Come enjoy, participate and learn!

Most lawyers are schooled on how to litigate and fully understand how to prepare for the courtroom battleground. Mediation, however, is a flexible and relatively informal dispute-resolution process that has become almost a mandatory first step in many common bankruptcy disputes, like preference actions — and it can achieve significant cost-value results for clients. Yet many lawyers make the mistake of either treating mediation as a side show that requires little or no preparation, or using the same preparation methods they use for trial. This session will explore the keys to conducting a successful mediation, from deciding when mediation is appropriate through properly documenting the mediated resolution, with an emphasis on how to prepare both yourself and your client for mediation to maximize its value, regardless of whether an actual settlement is reached. The panelists will include attorneys and judges who often serve as mediators, giving attendees a unique view on the different skills, presentation methodologies and mindsets needed to prepare for mediation vs. litigation.

Hosted by the Commercial & Regulatory Law and Unsecured Trade Creditors Committees This panel will explore issues that are driving value in health care bankruptcies, particularly issues of import to unsecured creditors. Included in the discussion will be the priority and impact of Medicaid provider fees, difficulties in valuing health care receivables and the resulting effects on claim status and cost of financing, the landscape of chapter 9 as a vehicle for the restructuring of a public health care debtor, and the treatment and saleability of provider agreements.