2024

This panel will explore the basics of privilege and how it is used in bankruptcy litigation. Do members of an LLC have access to privileged info? Do former board members have rights to privileged info? Does a trustee of an individual debtor have rights to the individual debtor's privileged information? Is a trustee required to turn over his/her privileged information to the debtor after it retakes possession? Can mediation privilege be used to cloak an entire bankruptcy case so that all information is immune from discovery from non-mediation parties or its adversaries?

In April 2023, ABI created the Subchapter V Task Force, which was charged with reviewing the implementation and administration of subchapter V. After almost a year of study and public hearings, the task force has issued its report and recommendations, which include statutory changes. This session will discuss the task force’s report and recommendations.

The bankruptcy process requires the management of the bankruptcy estate’s bank accounts, client accounts and business records, in addition to the management and processing of claims, claim distributions, adequate assurance deposit accounts, asset recovery, and many other financial and legal demands. Each one of these is a point of business email compromise (BEC) vulnerability. BEC attacks are the most costly form of cyberfraud for all businesses. This session will focus on best practices to use to protect your clients and yourself from this pervasive fraud. The panelists also will address bankruptcy-specific issues and tactics, with FBI agent discussions regarding the latest threat intelligence and prevention strategies.

This panel will explore plan-confirmation considerations for chapter 11 debtors in small business cases compared to those debtors that have elected to proceed under subchapter V, with a focus on comparing the cramdown requirements and select plan-confirmation issues.

Commercial real estate continues to be affected by the modification in work culture brought on by COVID-19 restritctions. The market is bracing for a record amount of maturing loans, boosting the prospect of a surge in defaults as property owners are forced to refinance empty or nearly empty office spaces at higher rates. This panel will address the impact of these issues and what they may mean for investors and restructuring professionals.

A self-described political junkie, Chuck Todd has earned a reputation as one of the most passionate journalists and sharpest analysts in American media. He is NBC News’ chief political analyst and, from 2014-23, served as the moderator of “Meet the Press” — NBC’s flagship Sunday morning public affairs program. A seasoned journalist and TV veteran, Todd will provide his unparalleled perspective on the media’s relationship with Washington and balanced scrutiny of politicians in this election year.

This panel will explore issues related to the conversion of cases between the various chapters, including questions related to property of the estate, exemptions, a debtor’s “right” to convert, nonconsensual conversions, post-petition asset appreciation, post-petition debt, procedural matters, and other considerations that can arise in the context of a converted case.

This panel will address current trends in private credit restructurings, including the types of companies and industries that are most affected. The panelists also will explain the role of private equity and hedge funds in private credit restructurings, as well as the potential impact on stakeholders, and will analyze the legal and regulatory landscape for private credit restructurings, and the challenges associated with navigating this landscape.

This panel will consider ethical issues in real estate bankruptcies involving candor to the court as to out-of-court happenings, considerations for debtor’s counsel and advisors in parsing entity vs. guarantor, and other insider issues.

This panel will explore how artificial intelligence (AI) is evolving, where it is likely headed, and how AI may aid in various aspects of legal practice both now and in the future. The panelists will focus on the uses and potential uses of AI in consumer cases, bankruptcy sales, creditor claims, research, first-day motions and legal arguments, among others, and briefly review ethical concerns surrounding the use of AI.