Audio

This panel will focus on recent litigation regarding actual vs. constructive fraud, how to plead and prove actual intent (Lyondell), the anticipated Second Circuit decision on safe harbors, etc., “fraudulent spin-off” cases (Tronox, Chemours, Paragon Offshore) and conflict-of-law issues.

Valuation panels have generally focused on how to value debtors and their stock. But what about valuing debt, the other form of consideration that is generally issued under a bankruptcy plan? The session will discuss coverage ratios and other credit metrics, comparability, the impact of covenants and other terms, credit reporting and rating, and more.

What are the strategies of private-equity sponsors seeking to retain control (or at least a stake) through the bankruptcy process? How do they retain counsel and manage conflicts? What strategies are they using to preserve their interests? What risks do they undertake? This panel will discuss these issues and more.

This panel will present a review of the current state of the law as to when a foreign entity can file a main proceeding vs. an ancillary proceeding in bankruptcy court, what interest is sufficient for a main or ancillary proceeding, cross-border insolvency protocols, challenges faced by foreign representatives (Octaviar, Rede Energia; Baha Mar, Fairfield), COMI (OAS S.A., Suntech), conflicts of law in fraudulent transfer litigation, recognition of foreign judgments in U.S. proceedings, and dealing with foreign boards or administrators of parents or subsidiaries.

Join in the fun with ABI’s rendition of the American classic game show “Hollywood Squares,” where some of your favorite celebrity bankruptcy judges serve up a smorgasbord of dubious and comical answers to help contestants forge a winning tic-tac-toe. And you will learn something about bankruptcy law, too!

With low energy commodity prices the new reality, many companies operating in the energy industry have been adversely affected. The result: E&P companies are being forced to restructure their balance sheets like never before — both in and out of court. This expert panel will provide an overview on the restructuring issues typically faced by industry participants, as well as industry trends, with particular focus on opportunities for insolvency professionals.

This panel will discuss a variety of issues that arise in connection with a distressed retailer, including GOB sales, landlord issues and vendor issues.

This panel will discuss “found money assets” — unusual or unknown assets that can be liquidated for the benefit of the estate, including commercial tort litigation/class action participation and unclaimed funds. The panel will also discuss the pros and cons of sales of remnant assets such as aged and written-off A/R, small balance and default judgments from preference claims, trade claims held by the estate, and litigation rights.

Health care is an industry like few others. To say that the sector is heavily regulated does not do it justice; all aspects of health care delivery in the U.S. fall under arduous and often-overlapping regulatory schemes. This panel will discuss the current economic status of the health care sector, the major issues in a health care restructuring, and current events in health care bankruptcies.

This panel will discuss current hot topics in bankruptcy cases, including bankruptcy law developments in entertainment cases, nonprofit education cases, municipalities and other chapter 9 cases, and many more.