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Free Sessions (no CLE)

ABI-Live: First Day by Reorg: A Review of Chapter 11 Filings in 2022

The first half of 2022 set a First Day record for fewest chapter 11 filings over any calendar six-month period, but chapter 11s picked up in the second half of the year, with Q4 concluding as the year’s busiest quarter and December closing out as the year's busiest month. Ignoring real estate cases, which peaked in 2021, the frequency of chapter 11 cases fell by only 1% in 2022. Despite the waning of COVID-19, companies continue to cite the pandemic as at least part of the reason for their bankruptcy filings. However, during 2022 the cause of many chapter 11 filings moved away from pandemic factors, such as work stoppages and lower demand, to supply-side macroeconomic factors, including supply chain issues, labor costs and inflation. Rising interest rates and the collapse of crypto are also becoming prominent reasons for bankruptcy filings.
1 hour 5 minutes 26 seconds

Plenary Session: Ethics Jeopardy

Set in the game show format of “Jeopardy,” this interactive ethics session will test the knowledge of the audience, provide valuable ethics information, and encourage networking among the participants. The panelists will cover ethical and evidentiary issues that have arisen in bankruptcy cases within the Tenth Circuit and elsewhere.

Luncheon Keynote: Economic Update with Robert Spendlove

This keynote will dive into the current economic environment in Utah and the U.S. Take part in this lively discussion on the trending issues impacting the economy, such as employment, wages, interest rates and population growth, and learn how to prepare for success in uncertain times.

Consumer Hot Topics: Student Loans, Proofs of Claim, Post-Petition Assets and More

This panel will review the largest issues facing consumer practitioners today, including filing numbers, student loan legislation, proofs of claim and much more.

Consumer Case Law Update

This session will highlight particularly interesting case law developments to date since 2022, and their impacts on bankruptcy law and practice.

ABI-Live: Lighthouse Resources: A Dive into the 2021 Asset Sale of the Year

Hosted by ABI's Asset Sales Committee To kick off the nomination period for the ABI Asset Sales Committee’s 2022 Asset Sale of the Year Award, the recipients of last year’s award will discuss the sale of Lighthouse Resources’ real property assets in Wyoming. Hear how the Lighthouse management team and professionals structured the sale process to navigate a number of obstacles to sell the real property necessary to confirm a chapter 11 plan that provided for the reclamation of coal mines, as well as recoveries for secured and unsecured creditors.
1 hour 5 minutes 50 seconds

Employing and Effectively Using Nonattorney Professionals

This panel will discuss considerations for engaging nonattorney professionals in distressed situations, particularly the importance of involving nonattorney professionals early in the process, how they can help in advance of a chapter 11 filing, how they can advise on alternatives to a chapter 11 filing, communications between counsel and nonattorney professionals, and issues surrounding the engagement of nonattorney professionals once a chapter 11 case commences. This session will be conducted in an open-discussion format, and participation is strongly encouraged!

Third-Party Releases

Third-party releases remain a hot topic in bankruptcy proceedings. Learn what the laws in various circuits have to say about permissible third-party releases, whether bankruptcy courts are deemed to have subject-matter jurisdiction and statutory authority to approve third-party releases as part of confirmation orders approving plans of reorganization, and what standards are imposed by circuit courts to determine whether a third-party release should be approved.
1 hour 2 minutes 46 seconds