2023

Session 1: Understanding Executory Contract Rejection: Damages, Valuation and Strategy When a debtor files for bankruptcy, it has the option to reject executory contracts, or agreements under which both parties have yet to completely fulfill their obligations. In this panel discussion, experts will explore the process of evaluating the rejection of executory contracts, particularly in cases where the debtor is considering rejecting one or more supplier contracts (vs. leases or other financial obligations of the debtor) and where the case is likely to result in a sale. We will cover: the reasons why a debtor might reject a contract, and the evaluation process for making this decision; the process of accessing the rejection damages to enable bid comparisons and informed planning and decision-making; and how the courts rule on comparing bids that differ on rejections and damages, including the legal standards used to determine the appropriate compensation for the other party. Whether you represent creditors or debtors, or are interested in learning more about contract rejection, this webinar will provide you with valuable insights into the complex world of bankruptcy law and real-world case studies. Join us to gain a deeper understanding of the decision-making process and potential damages involved in rejecting executory contracts.

ABI, the Association of Insolvency & Restructuring Advisors (AIRA) and our distinguished advisory board wecome you to VALCON 2023 at the Ritz-Carlton New Orleans, located in New Orleans’ French Quarter. Taking place this year during the New Orleans Jazz & Heritage Festival, VALCON 2023 is THE place to connect with leaders in the distressed-debt, restructuring and valuation industries. Dealmakers, fund investors, and financial and legal advisors, this is one conference you should not miss! Valuation professionals can expect advanced discussions and fresh perspectives on timely topics to help them navigate the shifting sands of valuation in bankruptcy today.

There is no crystal ball into 2023 and beyond. In just the last three years, we have experienced a global pandemic, an active European war, raging inflation and a series of massive interest rate increases. The effects from these events have reverberated throughout the insolvency industry. The ABI New York City Bankruptcy Conference, one of ABI’s largest and most prestigious events — and one of the most significant gatherings of insolvency and restructuring professionals in the New York metro area — is the place to hear from the best and learn practical techniques and tips for meeting the challenges of today’s evolving insolvency landscape. Participating in this advanced-level educational forum, designed especially for experienced insolvency professionals, will provide you with invaluable opportunities to connect with the industry’s leading experts. Its expanded workshop format — each of the six concurrent breakout sessions will be presented twice with different panelists, offering attendees expanded points of view on the same topics — allows for spirited exchanges between panelists and attendees, and lets you customize your learning experience. Sample up to four concurrent sessions, or dig deeper into two concentrated subjects!

This roundtable will provide insights from judges of the Eastern and Southern Districts of New York (and surrounding areas) on selected hot topics.

This panel will discuss four topics of interest, paying particular attention to litigation strategy and tactics with respect to each. First, we will examine stays pending appeal, particularly stays pending appeals of confirmation orders, including the current state of equitable mootness law in the Second Circuit and elsewhere; when and how to move for a stay; whether and how to make a record at the confirmation hearing to support a later stay motion, and what to do about the bond requirement. Second, we will consider LTL and the standard for dismissal, as well as the importance of making an evidentiary record to support good faith and insolvency on filing. Third, we will consider challenges to the retention of professionals, particularly what standard should govern when a debtor seeks to retain lawyers, investment bankers and other professionals. Should it be the existence of “interests adverse to the estate” or “disinterestedness,” or some combination of the two? We will consider, among other cases, SAS and FTX. Finally, we will consider venue. What are the appropriate criteria that should be considered and relied upon by the debtor when choosing venue and by other parties in interest when challenging the debtor’s choice? How clear or blurry is the line between legitimate strategy and litigation tactics?

With discussions ongoing in Washington, D.C., regarding increasing the cap for subchapter V filings, subchapter V filings are likely to continue to rise. What are the implications for the resulting cases if the cap does or doesn’t get raised?

This panel will discuss ethical considerations prior to filing, including the ethics of negotiating RSAs and pre-paying management incentive plans.

Stunning failures across the crypto ecosystem have caused many to question the future of the industry and ask whether the crypto boom was purely fueled by speculation. Allegations of misfeasance at FTX and the interrelatedness of major industry participants create understandable questions, and business models have been shown to be flawed. This panel discussion will explain industry issues, unique bankruptcy challenges, and what the future of the crypto industry might look like.

This panel will review and discuss recent bank issues in light of the recent failures of Silicon Valley Bank and Signature Bank, and the near-miss with First Republic.

This panel will provide a review of recent confirmation issues, including reinstatement in a rising-interest-rate environment, cramdown and Till in a rising-interest-rate environment, the entitlement to or apportionment of the increased value of collateral, new versions of pre-disclosure-statement plan-commitment agreements, make-whole obligations as unmatured interest, solvent debtors and creditors’ entitlement to post-petition interest, and the evolution of equitable mootness.