2020

IWIRC sponsored this October 14, 2020, session as part of the Insolvency 2020 Summit. The expert panel discusses trustees' powers in various foreign courts and the challenges they face. The panlists also provide tips for hiring foreign counsel and recovering offshore assets.

Our distinguished panel will feature former Speaker of the U.S. House of Representatives John Boehner, former Congressman and Chairman of the Democratic Caucus Joseph Crowley, former Congressman Bill Shuster and former Secretary of Transportation Rodney Slater. Topics to discuss will include the election, the U.S. Supreme Court, the political impact of a Trump or Biden administration, the possible change of control in the Senate, and what all of this means for unemployment and future stimulus programs, interest rates, taxes, infrastructure and the U.S. economy in 2021. And of course, how does the pandemic impact the analysis – now and for the foreseeable future? There will also be ample time for Q&A.

Global markets continue to shift as the world confronts today’s unprecedented challenges. But in this uncertain time, there are also opportunities that savvy investors can capitalize on if they know where to look. Join this interactive panel as leading experts representing renowned capital-raising gurus, global private-equity firms and one of the world's largest independent financial advisory groups discuss the leading trends taking place in the M&A space today. Understand trends and considerations private-equity firms are currently facing, analyze the landscape for alternative lending and learn how traditional capital fundraising has shifted, and assess strategies for success in the long term as we continue to battle COVID-19 in the global marketplace.

A better understanding of what trustees do in their day-to-day work can help debtors and credit and finance professionals appreciate some of the complexities of the bankruptcy process. Bankruptcy trustees are often painted as the bad guys: Creditors sometimes think that trustees sell assets at bargain-basement prices for a quick result, or that they're only in it for the fees, and debtors may view the trustee as their arch enemy. But the role of bankruptcy trustees is very challenging, involving and rewarding — not to mention highly regulated. Their work has been further complicated by the emergence this year of subchapter V trustees. This session will provide a better understanding of what trustees do, and will compare the roles of chapter 7 trustees versus the newly minted subchapter V trustees to help debtors and credit and finance professionals appreciate some of the complexities of the bankruptcy process, primarily when it comes to (1) appointment processes; (2) roles; (3) day-to-day duties; (4) fiduciary duties; (5) compliance obligations; (6) immunity, liability and court supervision; and (7) the steps to take to make the trustee happy.

Do the safe harbor provisions of 11 U.S.C. § 546(e) also provide shelter to transferees from state law fraudulent transfer actions in nonbankruptcy courts? Does the doctrine of pre-emption apply to impact litigation outside of bankruptcy court? This panel will review § 546(e) after the U.S. Supreme Court’s decision in Merit Management Corp. LP v. FTI Consulting Inc. After the Merit decision, the Supreme Court sent back the case of In re Tribune Co., fraudulent conveyance litigation that was also pending before the Supreme Court, to the Second Circuit Court of Appeals. What did the appeals court do in Tribune II, and what impact does the court’s decision have on fraudulent transfer litigation by private litigants under nonbankruptcy law?

Come join our experienced panelists as they share practical applications of mindfulness that you can use every day at work and home. Areas include being less reactive in challenging situations, listening more effectively and gathering more useful data, more skillfully entertaining uncertainty, and feeling less stressed in general. You'll learn basic mindfulness and relaxation exercises and tips for incorporating them into your day.

The NYIC sponsored this October 22, 2020, session as part of the Insolvency 2020 Summit. The panelists provide an overview of subchapter V and its key provisions, discussing the various perspectives in subchapter V, cash collateral and DIP financing in subchapter V, and general trends in subchapter V cases.

The economic catastrophe created by the Coronavirus is unique. In the past, recessions have been prompted by sustained periods of high interest rates. This recession has been caused by a virus and it is hitting the United States and world economy already saddled with record levels of debt. Almost all businesses are dealing with the prospect of sudden ends to cash flow, yet a relatively new generation of companies, "zombies" who earn too little to make even interest payments on their debt are faced with the ultimate challenge. The level of debt in America's corporate sector amounts to 75% of the country's gross domestic product, breaking the previous record set in 2008. Debt burdens are precariously high in numerous industries that are now taking a direct hit from the Coronavirus. Join us for a fascinating fireside chat with Professor Troy McKenzie of New York University School of Law, Jamie Sprayregen or Kirkland & Ellis and Jennifer Hagle of Sidley. They will explore and discuss strategies to use in this unique time in economic history. Is the Bankruptcy Code useful, are there strategies outside the Code which are helpful and how can professionals work to benefit their clients in a world like we have never experienced?

This panel will explore some of the more difficult aspects of cases under subchapter V, including the considerations that debtors face when making the election to proceed under subchapter V and a discussion of the earliest decisions interpreting the new statute.

Unregulated and nontraditional capital providers are sources of end-to-end liquidity from origination through chapter 11 and from middle-market to mega cases. This panel will consider the motivations and aims of these market participants, and how they are likely to change the character of the next restructuring cycle.