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Is the debtor always right? The Bankruptcy Code and its underlying policies are designed to give the debtor a fresh start and foster reorganization. However, committees and individual creditors are not always on board with a debtor’s restructuring efforts and at times prefer payment over compromise or even a going-forward business partner. This panel will cover the tools and strategies committees and individual creditors use to slow down a debtor’s restructuring efforts to address the collective demands of committees or the individual needs of creditors both big and small.

Hosted by Health Care & Emerging Industries and Technology Committees Get ready to dive into the future of health care as we uncover the revolutionary impact of AI! Following a dynamic overview of the current AI landscape and its rapid advancements, this panel will discuss groundbreaking AI applications and the subsectors and players set to thrive — or falter — as AI reshapes the health care landscape. The panelists will share investment trends and speak to the enthusiasm of private equity and lenders for AI innovations. Risks will be considered, including the workforce impacts, cost, regulations and potential hurdles that come with AI. They will cover critical legal issues, including intellectual property and data privacy in the bankruptcy context. Looking ahead, the panelists will offer their predictions for the next three to five years, outlining how AI will impact restructuring professionals and what clients may expect of restructuring professionals. Join this session to be part of the conversation shaping the future of health care!

Avoidance actions are necessary not only for crossovers, but also for stakeholders with some frequency or practice in non-mega venues. This panel will dive into avoidance actions and their role in restructuring.

Hosted by Business Reorganization & Consumer Bankruptcy Committees This panel will discuss the impact on consumers, and consumer bankruptcy cases, when a consumer lender or loan-servicer files for chapter 11.

Hosted by Commercial and Regulatory Law & Secured Credit Committees This panel will discuss various issues arising from the development of a new class of collateral: that which is remotely controllable. The concept of a secured creditor controlling its collateral is of course not a new or novel concept. However, the ability of secured creditors to control their collateral remotely is growing rapidly as new technology and new types of assets are developed. Robots, vehicles and even farm equipment can be directed and controlled remotely to do any number of different tasks, including simply leaving the custody of the borrower and traveling to the custody of a secured creditor. Beyond well-established technology, with the onset of AI and machine learning, collateral (software, vehicles, satellites, etc.) could be programmed to automatically shut down — or phone home — upon the occurrence of particular conditions. This brave new world of valuable assets, which can serve as meaningful collateral for debt, raises new, challenging issues about how these assets are used, regulated and pledged. The panelists will address an array of topics and unanswered questions about how the law is (or is not) suited to addresses the new issues, the risks for creditor and borrower, and the role of the government in finding efficient solutions to potentially unforeseen issues.

It is expected that a significant amount of activity in the next 18 months will consist of out-of-court restructurings, with a smaller proportion being chapter 11 bankruptcies.  Experts in restructuring estimate that out-of-court restructurings will comprise between 70% and 75% of the workout “transactions” made over the next year and a half. This panel will delve into what we can expect to see in the near future.

Presented by INSOL Europe This panel will discuss the European Commission's proposal for a directive harmonising certain aspects of insolvency law from both the U.S. and U.K. perspective.

Presented by INSOL Europe

Using illustrative scenarios and case studies, this panel of experts from the U.S., U.K., Singapore, the Netherlands and Spain will discuss the possibilities for binding dissenting classes of stakeholders to restructurings in their respective jurisdictions.