2022

This panel will cover developments in cross-border restructurings, including the increasing trend in chapter 11 filings by international companies and resulting jurisdictional issues, the rollout of the EU directive and its impact on the international restructuring landscape, and potential challenges to recognition of a U.K. Part 26(A) “Super Scheme" in the U.S. Additional developments in chapter 15 case law will also be discussed.

This panel will look at ethical issues that arise in the context of bankruptcy proceedings, including protecting common interest privilege and retaining and compensating professionals. Panelists will discuss recent cases and share best practices.

Despite the headwinds created by the global pandemic, economic activity has been in full swing. Economic growth during the pandemic generally surpassed expectations, with favorable lending conditions and consumers and businesses maintaining a surprising level of activity. The enormous legislative response to the pandemic was responsible for the strength of the economy, but labor shortages, supply disruption and inflation have become real concerns. The Russian invasion into Ukraine in February has only exacerbated these risks. Given this backdrop, this panel of distinguished investors will discuss the state of distressed investing, including where they currently see opportunities, their thoughts on the credit cycle, and what might drive the next wave of defaults.

This panel will cover convertible DIPs (LatAm, AeroMexico and Avianca) and sub rosa plans through DIPs. The panel will also discuss post-petition financing issues and protections for secured lenders, including how adequate protection is meant to work, and the ways in which judges are deploying it.

This panel will discuss Code impairment and post-petition interest, provide an update on gerrymandering (including a examination of Consolidated Land Holdings LLC), and review third-party releases and the different outcomes that have occurred in different circuits.

This panel will cover makewholes, including an examination of Hertz and Ultra, a comparison of Second, Third and Fifth Circuit precedents and the recent makewhole premium dispute in Mallinckrodt; and structured dismissals in bankruptcy post-Jevic, including In re KG Winddown, Forever 21, Basic Energy and more.

This panel will first discuss lessons learned from the extensive litigation over the past few years on “drop-down” and “up-tier” restructuring transactions in such cases as Murray Energy, Serta Simmons, TriMark, Boardriders, iHeart, La Paloma and White Box v. Trans Ocean. Next, we will examine some recent developments in fraudulent conveyance litigation, including challenges to transfers made in “Texas two-step” mergers (e.g., J&J); establishing fraudulent intent (Tribune); and recovering from subsequent transferees (e.g., Giant Gray; Madoff). Finally, we will discuss developments on equitable mootness, which continues to be litigated with differing results around the country.

This roundtable will provide updates from the Eastern and Southern Districts of New York (and surrounding areas) about court rules and practices, and discuss topics of general interest to the bar.

ABI's Business Reorganization and Commercial and Regulatory Law Committees ERISA/PBGC issues in bankruptcy/reorganization cases always raise interesting and challenging questions. Are you prepared to identify and handle them? Please join us for this special ABI-members-only webinar, during which the speakers will address both single-employer and multi-employer pension funding, termination and withdrawal-liability issues, other PBGC/ERISA-focused bankruptcy issues, and ERISA fiduciary issues that often arise in administering or terminating an ERISA-governed retirement plan in a bankruptcy/reorganization setting.

This panel will provide a lively discussion of valuation, liability management transactions, corporate governance, ethics and the bankruptcy process set against the backdrop of the Casears restructuring and chapter 11 case. The panelists, all of whom were intimately involved in the Caesars bankruptcy as principal, advisor or journalist, will offer their unique insights into this fascinating chapter 11 case and the lessons (legal, practical and ethical) it teaches for restructurings today.