2022

As chapter 11 practice continues to evolve, restructuring support agreements (RSAs) are being used with increasing frequency by companies seeking to de-lever their balance sheets or sell assets, both pre-petition and post-petition. This panel will provide an explanation of these agreements, discuss their pros and cons from the perspective of various parties, review common objections that have been made to the approval of RSAs, and describe the approval process in court proceedings.

Join our panelists as they explore how lender liability claims are born and struggle for life, starting with the influence that an original loan agreement may have on later claims, continuing with the roles that various professionals play as financial distress grows, and finally examining how tragedy unfolds as litigation plays out.

This panel will explore the ins and out of blockchain, related cryptocurrency marketing concepts including mining, Ethereum, DeFi, DAOs and stablecoins, current regulatory issues involving cryptocurrency, how cryptocurrency has made its way into the bankruptcy arena so far, and how bankruptcy practitioners can prepare for crypto-related bankruptcy issues in the future.

On behalf of our faculty and the Northeast Advisory Board, we are pleased to welcome you back to the in-person Northeast Bankruptcy Conference and Northeast Consumer Forum! The advisory board has assembled a roster of great speakers on a wide variety of timely topics that offer something for everyone. Plus, you can enjoy Maine’s beautiful landscape while staying at the historical Samoset Resort overlooking Penobscot Bay. In between educational sessions and networking opportunities, you can take advantage of the resort’s many recreational activities and the coastal town of Rockland, Maine, situated less than 10 minutes’ drive away.

Consumer lawyers on behalf of both debtors and creditors deal with myriad ethical issues to ensure effective and economical representation of their clients. This panel will explore the implications of representing individuals, small businesses, insiders and creditors, including what to do when your client becomes your creditor (how far can you go to get paid?) and how to avoid breaching the attorney/client privilege (just who do or can you talk to?). In a small business, the owner often considers counsel to be representing “her” interest. How does counsel for a business deal with this issue under the ethical rules and the Bankruptcy Code? For the creditor, what are the implications of potential conflicts by counsel to the debtor? Can the creditor reach out to a principal of the corporate debtor directly on their guarantee without violating the Rules of Professional Conduct? What are the ethical limits of “unbundling services” to make it more affordable for the client, whether you represent a debtor or a creditor? This panel will explore ways to accomplish your client’s goals, as well as the ethical boundaries of representation under those scenarios.

ABI will team up with IWIRC for an exciting and interactive discussion of real-world ethical dilemmas arising in bankruptcy practice, including while working from home. Play along with our panel of lawyers and judges as they discuss the “3 Cs” — confidentiality, communication and competence — along with information hygiene, duty to supervise, remote depositions and trials, judicial ethics, and much, much more!

A trial is fraught with opportunities for lawyers on both sides to make mistakes. By using hypotheticals infused with current and common issues, this panel will provide useful tips for successful examination and cross-examination, preparation for common motion practice, and laying a proper foundation for submission of evidence.

This panel will analyze issues that arise in, and provide helpful tips for, the winding up of a chapter 11 case (as well as any special or different considerations for subchapter V cases), including early planning for the wind-down, closing the case, conversion vs. structured dismissal vs. plan, the preservation of claims and claim objections for a liquidating trust and related privilege considerations, professional compensation and final tax returns, winding down debtor obligations such as employee benefit plans, and cost and funding issues.

This panel will cover the cutting-edge issues that practitioners need to know, (potentially) including recent makewhole decisions, the “Texas two-step,” the impact of inflation on cram-down interest rates, and circuit splits on whether § 363(m) is jurisdictional.