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This panel uses hypotheticals to discuss the ethical problems facing counsel and their clients in § 363 sales including collusion, abuses during due diligence, and successor liability.

Borrowers have been using relaxed credit agreement and bond covenants to “strip” assets from the collateral/asset pools that lenders think secure them. Neiman Marcus, J.Crew, PetSmart and BC Partners are recent examples. By focusing on these examples, this panel will discuss the covenant-lite structure of today, what the documents really say, who benefits and who gets hurt, and who influences the structure and outcome.

The leadership of ABI's Commission on Consumer Bankruptcy releases its Final Report and Recommendations during this panel. The 17-member Commission examined dozens of issues over the last two years. The Final Report focuses on reductions of barriers to entry, enhancing the fresh start and making chapter 13 work for all stakeholders.

A group of trustees, receivers and professionals tell their most interesting stories about uncovered rip-offs and how the perpetrators pulled them off — almost. The panel then discusses how the cases were dealt with in bankruptcy court and how funds were recovered — or not.

Hosted by the Mediation and the Unsecured Trade Creditors Committees Formatted largely as a mock mediation session, this interactive panel will demonstrate best practices to prepare for, participate in, and successfully conclude a mediation session. Topics will include pre-mediation written submissions, preparing clients (and oneself) for a mediation session, managing the mediator and the client once the session begins, strategies for guiding a mediation session to a successful resolution, and tips for breaking an impasse.

Hosted by the International and Young & New Members Committees This panel will discuss the advantages and disadvantages of filing bankruptcy under chapter 15 vs. chapter 11 in the U.S. where the prospective debtor is a multinational company, and the potential consequences of each type of filing across the capital structure of the company (e.g., secured creditors, unsecured creditors, equity, etc.). The panelists, all ABI 2017 ""40 Under 40"" honorees, will contrast the insolvency laws of specific countries with the U.S. Bankruptcy Code, and explain how these comparisons can ultimately guide a company's decision on whether to file in the U.S. and, if so, under what chapter.

Where is the line between zealous advocacy and unethical conduct? What role does civility play in the legal profession and in our system of justice? How does the practice of civility — even when the judge isn’t there to see it — impact our clients’ interests and our profession? These are just some of the questions this panel will explore as it examines the leading issues in ethical conduct and civility — both in and out of the courtroom.

The practice of consumer bankruptcy law is an ever-changing landscape, with new issues arising every day! This panel will explore some of the most recent exciting and evolving decisions including discharge of student loans, the challenges when personal property is repossessed pre-petition, pawn loans and the automatic stay, and consumer class actions in bankruptcies.

Hear from our accomplished panelists as they highlight recent business cases of significance to bankruptcy practitioners.

Hosted by the Business Reorganization, Health Care and Secured Credit Committees The panel will discuss the risk of administratively insolvent health care cases, the issues that create such risk, the impact on the various constituencies, and potential ways to mitigate those risks, including the use of cash collateral and availability of post-petition financing. The panel will also address one specific issue that creates the risk of administratively insolvent health care cases: the exercise of the so-called Strumpf administrative freeze by CMS on Medicare reimbursements, which can cut off the lifeline of many health care businesses.