2021 Annual Spring Meeting

The SBRA has been in effect for a year, and for most of that time it has been operating on an increased debt limit of $7.5 million due to the pandemic. How is the SBRA currently being used, what issues have arisen, and has it been effective overall for restructuring small businesses?

Hosted by the Business Reorganization and Unsecured Trade Creditors Committees This panel of legal experts and indenture trustees will discuss current insolvency-related corporate trust issues, including pre- and post-default rights, standing to pursue litigation claims, disparate treatment among bondholders and other creditors of equal priority, conflicts between majority and minority bondholders, and settlement mechanics inside and outside of bankruptcy.

Hosted by the Commercial and Regulatory Law and Health Care Committees This panel will address issues that have recently arisen at the intersection of health care and commercial/regulatory law, including regulation and ownership of cloud-based/electronic records, state regulation of nonprofit debtors, and recent developments in Medicare/Medicaid recoupment rights.

This important plenary session will set the stage for the Annual Spring Meeting by discussing the economic, scientific and behavioral influences that will, at least in part, shape the restructuring landscape in the coming year. Led by a major international media organization, the panel discussion will include leaders from key constituent groups in the restructuring arena, including law firms, investment bankers, lenders and other financial leaders. The panelists will focus on macroeconomic predictions for 2021, industry expectations and risks, and how the COVID-19 pandemic and vaccines will impact the economy in 2021 and beyond.

"Hosted by the Asset Sales and Bankruptcy Litigation Committees This panel will discuss the most cautionary of tales in the asset sales realm, most notably Neiman Marcus (collusion), and regulatory and ownership issues that arise in asset sales that can lead to litigation.

Hosted by the Young & New Members and Commercial Fraud Committees A frequent element of bankruptcy cases is the assertion of claims against the directors and officers of the debtor, particularly when the debtor has a significant D&O insurance policy. This panel will explore the use of fiduciary-duty litigation in bankruptcy by dissecting the anatomy of a D&O lawsuit, including the types of claims asserted and their possible defenses. The panelists will also discuss how to analyze D&O insurance policies, and such key issues as whether the proceeds of D&O policies are considered property of the estate. Finally, the panelists will highlight best practices for debtors’ counsel faced with such claims, and show how to navigate potential ethical issues.