2022

This panel will discuss UST authority in appointing committees, venue impact on committee appointment and committee composition, when it makes sense to have two committees and when it does not, and the retention of professionals or substantive contributions. The panelists also will discuss the scope of Rule 2004 examinations post-confirmation.

Two pairs of judges square off to consider (1) whether bankruptcies can be properly filed when a debtor faces a deluge of potential tort claims and (2) whether bankruptcy courts can support plans regarding certain special fee and financing arrangements for debtors. RESOLVED: That a bankruptcy is filed in good faith where the debtor is not otherwise in immediate financial distress and appears to have the liquidity to pay its creditors in full, but where the case is filed because of the debtor is a defendant facing a deluge of tort claims that could at some point threaten the debtor’s business and where the debtor believes that the mechanism for liquidating those claims through a trust created under a plan of reorganization will be fairer and better for all parties than the results that would otherwise obtain in the tort system. RESOLVED: That a bankruptcy court may approve a DIP financing agreement that incorporates the milestones set out in a restructuring support agreement, that provides that (a) the debtors will propose a plan that provides specified treatment to the Supporting Parties, which treatment is materially the same as the plan provides to similarly situated creditors; (b) obligates the Supporting Parties to vote in favor of the debtor’s plan and to vote against any competing plan; and (c) provides that the Supporting Parties (and only the supporting parties) will provide exit financing to the Reorganized Debtors, at rates and fees that exceed prevailing market terms.

This session will focus on several of the Model Rules of Professional Conduct, including 1.2 (Scope of Representation and Allocation of Authority Between Client and Lawyer), 1.4 (Communications), 1.6 (Confidentiality of Info.), 1.7 (Conflict of Interest: Current Clients), 1.18 (Duties to Prospective Clients), 3.3 (Candor to Tribunal), 3.4 (Fairness to Opposing Party and Counsel) and 7.3 (Solicitation of Clients). The panelists will also discuss many current ethical challenges, including ethical issues in subchapter V, future claimants' representative (FCR) standards, remote proceedings and witness testimony, and client authority.

Sponsored by the Financial Advisors and Investment Banking Committee Advisors based in Colombia, London, New York and Singapore will share their experiences on how distressed deals are closed, along with their insights and predictions on what the deal market will look like going forward, and how rising costs, inflation, interest rates and volatility in the capital markets globally may impact the deal space. Come join us for this special panel discussion.

Sponsored by ABI's Real Estate Committee Agriculture is the original real estate-based business. Combined with its related industries, the agriculture sector accounts for 19.7 million jobs in the U.S., according to the Department of Agriculture. This vast industry is comprised of multinational corporations and independent family farmers, which are all prone to risks from unpredictable factors ranging from the weather to commodity pricing and trade policy. These variables can lead to distressed situations where restructuring professionals can add value, but they first need to learn the basics of the industry from a business and legal standpoint, particularly chapter 12 bankruptcy — one of the most powerful chapters in the Bankruptcy Code. This program will focus on these issues to prepare attorneys, financial advisors and other professionals for future restructuring assignments in this unique space.

Join ABI for the 2022 Southwest Bankruptcy Conference, back at the fabulous Four Seasons Hotel Las Vegas! Experienced practitioners and regional judges will present information-packed sessions on a variety of topics, both business and consumer — ensuring that there is something for everyone.

Filing a bankruptcy petition is not always a viable option or the best solution. This panel will explore alternative avenues for distressed companies, including receiverships, assignments for the benefit of creditors and Article 9 foreclosures, as well as when a bankruptcy filing is the most effective tool. Learn what factors should be considered in evaluating the various options and what the benefits and drawbacks of each alternative are.

This panel will present a discussion of bankruptcy rules and procedures that work and don’t work from a practical perspective, as well as reflections on how technology impacts current practice.

This panel will identify recent examples of chapter 11 plans confirmed within the Ninth Circuit that contained third-party releases despite longstanding precedent in the Ninth Circuit prohibiting those releases outside of the asbestos context. The panelists also will describe the types of releases confirmed, as well as how the plan proponents were able to include the releases.