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Hosted by the Business Reorganization and Asset Sales Committees. This panel will examine the strategic use of LMEs in the context of asset sales within restructuring frameworks, such as the role of LMEs in facilitating sales, structuring them as conditions to closing, funding LMEs through sale proceeds, or utilizing asset sales as an exit strategy from LMEs or restructuring plans. The panelists will share their insights on the current trends and practical considerations that are shaping these increasingly sophisticated transactions.

Hosted by the Mediation and Ethics & Professional Compensation Committees.This session will examine the complex ethical challenges that arise when mediation and negotiation processes intersect with distressed scenarios, including conflicts between confidentiality requirements and disclosure obligations, navigating fiduciary duties in collaborative settlement discussions (particularly out-of-court RSAs), and managing professional responsibility issues in multi-party bankruptcy mediations. The panelists will provide practical guidance for attorneys, trustees, advisors and mediators on how to balance the informal and confidential nature of mediation with the heightened ethical and fiduciary standards required in insolvency contexts. Attendees will gain valuable insights into best practices for maintaining ethical compliance while effectively utilizing mediation/negotiation as a tool for resolving disputes and facilitating insolvency issues.

Hosted by the Legislation and Health Care Committees. Congressional budget decisions and executive actions are increasingly shaping the bankruptcy landscape for health care companies. This panel will examine how proposed Medicaid cuts, pharmaceutical reforms and the sweeping 2025 megabill are affecting financial distress, restructuring strategies and creditor dynamics in the sector. The panelists will explore the legal and operational implications of these legislative shifts, and how stakeholders are adapting in a rapidly evolving policy environment.

Section 362 of the Bankruptcy Code is one of the most frequently litigated — and often misunderstood — provisions in bankruptcy practice. This session will take a deep dive into the automatic stay, exploring its scope, application and termination. The panelists will analyze key distinctions among the subsections of § 362 and how they interact with other provisions of the Code. Attendees will gain practical insights into effective strategies for obtaining relief from stay, including grounds for relief beyond lack of adequate protection, and will learn how to navigate the procedural and evidentiary requirements for efficiently and cost-effectively securing or confirming relief from the stay.

Hosted by the Commercial & Regulatory Law and International Committees. This panel will discuss the fast-changing landscape of crypto regulation across different jurisdictions, and the effects it is having on crypto-focused bankruptcies both here and abroad.

Join Judge Michelle Harner as she leads Professor Bob Lawless through a discussion of Debt's Grip, a recent book co-authored by Prof. Lawless, Pamela Foohey, and Deborah Thorne. In this interview, Judge Harner and Professor Lawless will examine the realities of financial struggle in the United States through the experiences of people who have filed for bankruptcy. The book uses data from the Consumer Bankruptcy Project combined with personal narratives to argue that most bankruptcies result from crises like job loss or medical emergencies, rather than irresponsibility.

This panel, featuring a former U.S. Attorney, bankruptcy trustee and examiner, will cover such key topics as mail/wire fraud, concealment of assets, false statements, perjury and the Fifth Amendment as they relate to crimes in bankruptcy to help keep bankruptcy practitioners and their respective clients out of trouble.

ABI’s 2025 International European Insolvency Symposium, co-hosted by INSOL Europe, was held Oct. 26-28 in Berlin and presented numerous sessions focused on the latest international insolvency and restructuring developments. Topics included third-party releases and chapter 15 implications, tariffs, the rise of private credit’s role as key creditors in restructurings, and digital asset tracing in bankruptcy. The following recorded sessions are available for purchase individually or as an economical bundle. 

Private credit has rapidly become one of the most dynamic areas of the capital markets, with significant implications for corporate restructurings and bankruptcy practice. Morgan O’Neill of Sound Point Capital Management will explore how private credit is shaping financing strategies, influencing restructuring outcomes, and redefining the relationships among borrowers, lenders and investors. Attendees will gain insights into current market trends, the opportunities and risks driving private credit, and what these developments mean for the future of distressed investing and restructuring.

Private credit has rapidly grown into a multi-trillion-dollar market, reshaping the landscape of corporate finance and restructuring. With global private credit expected to rise from nearly US$2 trillion in 2023 to US$3 trillion by 2028, the influence of private credit funds as key creditors is undeniable. But questions remain as to how these funds will behave in the next major downturn, given their limited experience in workouts and restructuring. This panel will explore the evolving dynamics among private credit funds, banks, private equity and ratings agencies, and consider whether the growth of “private” markets reflects innovation or regulatory arbitrage. Attendees will gain practical insights into what restructuring professionals need to know as private credit cements its role at the center of future distressed situations.