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This session will focus on the views of patient care ombudsmen (PCOs) on the quality-of-care issues they routinely confront in chapter 11 cases; how debtor, secured lender and committee professionals react to either support or suppress the findings made by health care experts; in-depth analysis of what constitutes the proper protocol to evaluate quality of care; the differences in the approaches made to the PCO role by a doctor, nurse and/or health care administrator; whether PCOs universally should be doctors, nurses or health care administrators and not lawyers posing as health care professionals; the obligations of PCOs to tell quality-of-care stories without concern for the potential economic impact on an exit strategy in the bankruptcy (i.e., sale, potential loss of license, etc.); the impact of transfer trauma on a change of control arising from a potential sale of the health care business; how the PCO is differentiated from a state long-term-care ombudsman, Medicare and Medicaid surveyors; and the PCO’s role as patient advocate in bankruptcy cases.

Featuring Keynote by Dr. Jen Welter, the First Female NFL Coach

The panel will discuss proposed and newly enacted legislation and how it will affect bankruptcy practice. The panel will review the Haven Act and other veteran legislation, the small business reorganization bill, the chapter 12 debt limit bill, various student loan bills and other legislation.

Although mediation is a recommended method of dispute resolution by many government agencies, in the bankruptcy context it is often hard to get government litigants to the table. This panel will explore the Issues and methods of mediating disputes in commercial cases that involve governments and such government agencies as the SEC, EPA, and FCC, as well as state attorneys general and relevant state agencies. Issues to be discussed include how to get the decision maker into the room and how to get a governmental party to the table when its policy agenda may go beyond the business issues in the case at hand. In some instances, there may be perceived statutory impediments or “conflicts” between the government agency as regulator and as creditor. The focus will be on restructuring-determinative issues involving government agencies and adversary proceedings between debtors or other creditor constituencies and government agencies. The program will not include discussions of chapter 9 mediations, which involve very different issues. The panel will include judges, mediators and public and private litigants with experience in this type of mediation.

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.

Experienced practitioners are typically able to litigate the issues that arise in most chapter 11 cases in a similar manner, regardless of the industry of a particular debtor. In the health care context, however, the identities of the litigants are often different (government agencies, patient care ombudsmen, etc.), and more importantly, those litigants’ respective motivations may be vastly different than in a "typical" chapter 11 case. Economic considerations, the driver of most chapter 11 outcomes, are often superseded in a health care case by a party’s perceived public policy or reputational concerns. This panel will discuss these differences and provide practical suggestions, based on their extensive experience, as to how attorneys and financial advisors can navigate these issues and reach a successful outcome for all stakeholders.

With the legalization of marijuana in many states, there are now large numbers of individuals and businesses that derive their income from growing and selling marijuana and from other business activities related to marijuana. This session addresses the issues that emerge when individuals and businesses in this industry encounter financial problems. What are the sources of governing law (state/federal)? Is bankruptcy an option? How are marijuana-related income and assets treated? What are a bankruptcy trustee’s rights and responsibilities in dealing with a marijuana-related business? What ethical issues arise for attorneys representing individuals and entities in this industry? How does the U.S. Trustee’s Office address these issues in light of the conflict between federal law and some states’ laws? What is the direction of the developing body of bankruptcy case law regarding this industry?

This panel will analyze the instances over the last few years where creditors have brought challenges to estate professional fees, focusing on Pillowtex, retainers and other objections. How can professionals protect themselves when they are well into a case?

This panel will focus on obtaining successful chapter 11 results in certain jurisdictions while analyzing why you should or shouldn’t file in a particular jurisdiction. The panel will discuss advantages and disadvantages of filing in certain jurisdictions, including local rule advantages (i.e., Texas) and case law advantages or disadvantages.