Free Sessions (no CLE)

This panel will feature discussions of subchapter V vs. chapter 13, and their corresponding unique elements and deadlines.

This session will provide a checklist of the topics to address with the management of a failing business in that first meeting with the client.

ABI's Financial Advisors and Investment Banking and International Committees. International and cross-border disputes often involve collections issues and venue considerations. This panel of experts in cross-border and international litigation will share their professional experiences and insights on how best to approach these types of claims, and ways to collect on them.

Sponsored by ABI's Real Estate Committee, Keen-Summit Capital Partners LLC and Summit Investment Management LLC Summit Investment Management LLC, Keen-Summit Capital Partners LLC and ABI's Real Estate Committee are pleased to present this webinar on the economic outlook for commercial real estate, once again featuring real estate economist and futurist Kiernan “KC” Conway, who drew rave reviews from his presentation last year. Mr. Conway is the chief economist for the CCIM Institute, principal and co-founder of consulting firm Red Shoe Economics, and a former commercial real estate subject-matter expert for the Atlanta Federal Reserve Bank. Program topics will include a review of key asset classes, the impact of inflation on the real estate economy, lasting changes stemming from remote work, how geopolitics pose risks to the sector, and other timely topics to arm practitioners with important information about the real estate economy. Industry veterans will kick off the program with an overview of the credit and transaction markets.

Resolved: Bankruptcy courts do not have the authority to approve nonconsensual releases of direct claimsheld by third parties against nondebtors as part of a chapter 11 plan or reorganization. Pro: Hon. Eugene R.Wedoff (ret.); Con: Marshall S. Huebner Resolved: Trustee requests of debtors for documents andinformation beyond that already required by the Code and Rules should not be routinely undertaken, butinstead should be limited to inquiries suggested by issues arising in specific cases. Pro: Tiffany L. Carroll;Con: Gary R. Stickell Resolved: The Seventh Circuit was wrong in Sheehan v. Breccia Unlimited Co. (In reSheehan), 21-2946 (7th Cir. Sept. 9, 2022), when it barred U.S. bankruptcy courts from stopping foreigncreditors from taking action against a debtor’s assets abroad when the U.S. court has no general or specificpersonal jurisdiction over the creditors. Pro: Hon. Christopher S. Sontchi (ret.); Con: Hon. David R. Jones.

Sponsored by ABI's International Committee India has emerged as a leading insolvency jurisdiction since it enacted its new Insolvency and Bankruptcy Code (IBC) in late 2016. The IBC heralded a new insolvency process, enabling large corporations to reorganize and maximize value. In the six years since, more than 4000 cases have been filed and scores of important Indian companies have been successfully restructured. In this webinar, an all-star panel of experienced and highly regarded Indian professionals, many of whom have navigated the most important IBC cases to date, will showcase how the Indian insolvency system works, explain the key principles and policies of the IBC, and identify various restructuring alternatives. The panelists also will explore the current macro-economic and business climate in India and debate the successes, failures and lessons learned. Finally, the panelists will discuss potential investment opportunities in India, and why insolvency and restructuring professionals should familiarize themselves with the Indian insolvency process.

Advances in technology are changing how law is practiced. Online research databases, digital contracts, expert systems and document automation all help make lawyers’ routine tasks easier and more efficient. All lawyers must make informed decisions about what technology tools to acquire, develop or leverage. While lawyers’ use of technology is not an end unto itself, it is providing a catalyst for the transformation of the legal profession. Moreover, in a world of rapidly advancing technologies, data breaches and increasingly sophisticated uses of artificial intelligence, lawyers are now ethically required to understand the benefits and risks of technology. Intractable barriers to access to justice also remain a perennial concern. This panel discusses new developments in legal technology and ethics, and explores the ways in which technology can scale the provision of legal assistance, as well as examines how new developments in attorney regulation have expanded the definition of who can “practice law.” It also considers, despite people’s strong preference for maintaining the status quo, how understanding and adopting technology tools will optimize lawyers’ abilities to provide services to clients more effectively and efficiently.

Featuring the perspectives of the debtor, creditor, subchapter V trustee and the bench, this session willconsider the life cycle of a small business reorganization. Beginning 30 days before the debtor files itspetition, continuing through the 90-day plan filing deadline and hurtling toward confirmation, the panelistswill discuss pre-bankruptcy planning and negotiation, debate eligibility and case-management issues,consider best practices for utilizing a subchapter V trustee throughout the case, and highlight tips and trapsof plan formulation, contested confirmation hearings and post-effective-date matters.

This panel will discuss some of the more interesting aspects of the asset-recovery process as it relates tolocating foreign assets (i.e., Russian yachts). The panelists also will focus on post-COVID-19 issues, includingsituations where banks were not monitoring collateral as closely as they should have been and are nowhaving trouble locating said assets and selling them, particularly in international cases where the bankruptcyis abroad but the parties are seeking recognition in the U.S.

This panel will delve into issues involving digital accounts, cryptocurrency and NFTs, including how to getsecured and perfected, how to liquidate, and bankruptcy-specific considerations. The panelists also willdiscuss UCC Article 12 and its impact on the digital-asset world for secured parties, and help practitionersbetter understand the considerations and issues they should be spotting when advising their constituents ondealing with digital assets.