2024

Hosted by ABI's Asset Sales Committee The recipients of ABI's 2023 Asset Sale of the Year award will discuss the company's threatened suspension by the California Medi-Cal program and the execution of a strategy that initially had led to court orders stopping the suspension, then later culminated in the sale of assets. Hear specifically how Borrego's professionals navigated complex health care, regulatory and bankruptcy issues, which ultimately resulted in a settlement and sale that ensured the continuation of high-quality, culturally competent care to Borrego's patients and a substantial recovery for creditors.

TestIndependent board directors play a vital and increasingly important role in restructurings. Acting as an independent director has great rewards, but it also has risks in today’s restructuring environment. This panel will analyze and discuss a variety of issues related to corporate governance in restructurings and liquidations, including (a) the recruitment, appointment, role and duties of independent directors, (b) how to establish an independent board of directors, (c) the role of lawyers and financial professionals in advising a board of directors and independent directors, and (d) D&O claims, insurance and potential risks to independent directors.

This panel will delve into emerging issues in bankruptcy cases, offering perspectives from practitioners, chapter 13 trustees and the bench. The panelists will focus on post-confirmation appreciation in asset values, such as who gets the appreciation if the house sells during the chapter 13 or if the case converts to chapter 7; early plan payouts, evaluating final payments before the end of the commitment period, hardship discharges and creative plan modifications; no-look and bifurcated fees; and end-of-case mortgage issue solutions.

This panel will discuss the differences between state court assignments for the benefit of creditors and receiverships, and chapters 11 and 7 and subchapter V.

ABI Editor-at-Large Bill Rochelle, author of Rochelle’s Daily Wire, will lead a discussion with a panel of judges regarding recent significant cases involving subchapter V case law, simultaneous representation, and the need for financial distress before filing.

Bankruptcy practitioners are all familiar with the old adage “disclose, disclose, disclose” when it comes to disclosures of connections under Bankruptcy Rule 2014 in a retention application. But what exactly makes a disclosure meaningful, and how does one ensure that relevant information is disclosed? This panel will explore the gray areas between our ethical obligations as attorneys, the requirements imposed by the Bankruptcy Code and Rules, and practical limitations of bankruptcy disclosures for estate professionals.

This panel will provide an overview and discussion of the current status of the law on subchapter V, including any recent legislation and the ABI Subchapter V Task Force's Final Report. The panelists will cover such key legal issues as eligibility, plan confirmation and other topics, the role of the subchapter V trustee both during the case and after plan confirmation, and important post-confirmation issues such as plan defaults and reporting.

This panel will analyze the drivers that are fueling the increasing number of health care bankruptcy filings, as well as the unique challenges facing health care debtors post-petition.

This panel will analyze three major Supreme Court bankruptcy decisions (Kaiser Gypsum, Purdue Pharma and John Q. Hammons Fall) issued during its 2023-24 term, and the implications of these decisions for pending and future bankruptcy cases.