2024 Annual Spring Meeting

This panel will present a lively debate addressing current trends in DIP financing. Who are (and are not) DIP lenders these days? What opportunities and challenges arising from the amortization of Main Street lending programs should practitioners be aware of? How is DIP financing being used to buttress liability-management transactions? How big should a DIP loan be, and what issues arise in corporate governance when a company seeks a DIP? When do DIP protections go too far?

This panel will explore an as-yet-untested question: Can a domestic debtor use the law of another country to effect the restructuring of all or some of its debt, then commence a chapter 15 case and bind U.S. creditors to the terms of that foreign restructuring? Some think that this scenario is inevitable. The panelists will discuss how U.S. and foreign insolvency laws may be utilized by U.S. debtors, and the potential incentives, benefits and risks associated with this type of restructuring.

This session will focus on various aspects of bringing and litigating multi-count causes of action springing from fraud, and how to uncover hidden assets in the context of fraud-based avoidance actions.

Forever Chemicals: PFAS chemicals have been dubbed “forever chemcials” because they are extrermely presistent, lasting thousands of years. Many have been linked to long-term health problems, thus generating trillions of dollars in potential liabilities — and bankruptcy filings. Chapter 7 Clawbacks in Fraud Cases: Hear the latest on chapter 7 trustees’ ability to use clawbacks in fraud cases. Distressed Investing Update: Learn about the latest trends in distressed investing — what the latest opportunities are, and what factors should you be paying attention to. The Changing Landscape of Chapter 11: Find out about the newest trends in restructuring and chapter 11 filings, and what new tools parties-in-interest and the courts are turning to in in-court and out-of-court restructurings.