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The panel will review the criteria to establish insolvency in the context of fraudulent transfers and avoidance actions. We will look at decisions related to the determination of solvency, as well as some of the more challenging valuation and evaluation issues that arise in the conduct of an evaluation. The panel will also review some of the areas subject to challenge on cross-examination.

Type “Small Business Reorganization Act” or “Subchapter V” into your search engine, and there is no lack of questions that have been posed: what the Act means, the CARES amendment, pros and cons, and whether it’s been good for businesses (the answer: maybe not). With all this interest, there is no doubt that the Act is having an impact. Questions about its implementation are being answered as the days go by and as more and more cases find their way into the courts. This session will focus on the results to date, the questions that have been settled, and the questions still in need of answers.

This program will present expert practitioner and judicial ABI Views on current developments in chapter 15 practice, including new decisions and legislative proposals. It will also introduce the new UNCITRAL model law as to enterprise group insolvency, and discuss developments in cross-border practice with Mexico.

Survey the landscape of current filing trends and gain an informed statistical perspective of what may happen next in bankruptcy. Join experts as they examine data provided by Epiq, statistical partner to ABI and a Premier Sponsor of the Insolvency 2020 Virtual Summit.

Intellectual Property assets present unique challenges in bankruptcy. Article 9 financing statements may or may not be enforceable, and, in some instances, may actually be to your client’s detriment. Can a debtor assume and assign IP rights? Revoke them by rejecting a license? How is a security interest in intellectual property perfected and enforced? How you define the intellectual property assets can greatly impact your client’s rights, and those rights are constantly changing. This panel will cover practical issues and problems, including how to document and value IP assets, to help you spot the issues and navigate your way out of the bankruptcy riptide, whether you represent a secured lender, debtor, or contract counterparty.

The healthcare industry in general, and hospitals in particular, have been severely impacted by the COVID-19 pandemic in many respects. At its most basic level, the impact has been devastating financially. The restructuring of a healthcare entity, whether in or out of court, raises unique and significant issues, in large part because federal and state governments pay for the bulk of medical care in the United States and the industry is one of the most heavily regulated industries in the nation. This program will discuss several issues which, although not necessarily new, have been pushed to the forefront by recent decisions in bankruptcy cases in Delaware, New York and Los Angeles.

IWIRC sponsored this October 14, 2020, session as part of the Insolvency 2020 Summit. The expert panel discusses trustees' powers in various foreign courts and the challenges they face. The panlists also provide tips for hiring foreign counsel and recovering offshore assets.

Our distinguished panel will feature former Speaker of the U.S. House of Representatives John Boehner, former Congressman and Chairman of the Democratic Caucus Joseph Crowley, former Congressman Bill Shuster and former Secretary of Transportation Rodney Slater. Topics to discuss will include the election, the U.S. Supreme Court, the political impact of a Trump or Biden administration, the possible change of control in the Senate, and what all of this means for unemployment and future stimulus programs, interest rates, taxes, infrastructure and the U.S. economy in 2021. And of course, how does the pandemic impact the analysis – now and for the foreseeable future? There will also be ample time for Q&A.

Global markets continue to shift as the world confronts today’s unprecedented challenges. But in this uncertain time, there are also opportunities that savvy investors can capitalize on if they know where to look. Join this interactive panel as leading experts representing renowned capital-raising gurus, global private-equity firms and one of the world's largest independent financial advisory groups discuss the leading trends taking place in the M&A space today. Understand trends and considerations private-equity firms are currently facing, analyze the landscape for alternative lending and learn how traditional capital fundraising has shifted, and assess strategies for success in the long term as we continue to battle COVID-19 in the global marketplace.

A better understanding of what trustees do in their day-to-day work can help debtors and credit and finance professionals appreciate some of the complexities of the bankruptcy process. Bankruptcy trustees are often painted as the bad guys: Creditors sometimes think that trustees sell assets at bargain-basement prices for a quick result, or that they're only in it for the fees, and debtors may view the trustee as their arch enemy. But the role of bankruptcy trustees is very challenging, involving and rewarding — not to mention highly regulated. Their work has been further complicated by the emergence this year of subchapter V trustees. This session will provide a better understanding of what trustees do, and will compare the roles of chapter 7 trustees versus the newly minted subchapter V trustees to help debtors and credit and finance professionals appreciate some of the complexities of the bankruptcy process, primarily when it comes to (1) appointment processes; (2) roles; (3) day-to-day duties; (4) fiduciary duties; (5) compliance obligations; (6) immunity, liability and court supervision; and (7) the steps to take to make the trustee happy.