2022

This panel of experts will discuss and analyze asset-recovery issues in cross-border insolvency situations.

This session will walk attendees through various cybersecurity issues, focusing on the implications for and obligations of attorneys representing companies in chapter 11 when a security incident/data-privacy event occurs.

Join ABI Editor-at-Large Bill Rochelle as he hosts a panel of bankruptcy judges to discuss circuit splits and hot topics on important bankruptcy issues. Back again from the Winter Leadership Conference, this attendee-favorite panel will be presented in a fun game show format, where judges will vote to resolve the issues before they reach the Supreme Court.

Section 506(c) and 552(b) waivers have become a staple in the pre-petition-lender-turned-DIP-lender toolbox. But what are the unsecured creditor’s tools for pushing back, and the arguments for why value that accrued post-petition might properly be reserved for junior creditors? Apart from collateral battles, this panel will explore the types of securities or other considerations that some plans have distributed to the class junior to the fulcrum security in acknowledgment of the potential asset appreciation not fully realized at the time of plan negotiation, as well as the ABI Commission’s recommendation to implement a “Redemption Option Value” — and the challenges that such structures pose.

The senior living sector, already stressed prior to the pandemic, has been upended by COVID-19. This panel will discuss the effects that COVID-19 has had on operational and financial performance, business models past and future, and the real estate valuations of senior living facilities. The panel will also identify what in-court and out-of-court alternatives exist, and will highlight adaptive reuse opportunities for owners and operators of these facilities. Participants will learn about the operational and financial ramifications that COVID-19 has wrought on senior living facilities, the various in-court and out-of-court alternatives available to restructure these facilities, and trends in senior living business models. The panelists also will explore various alternative financing options available for distressed businesses, including sale-leaseback and bridge financing, as well as potential adaptive reuse issues and alternatives for facilities that close.

In today’s bankruptcy world, most major cases involve at least one pre-petition class action. This panel will focus on the distinction between mass tort claims and other types of class actions, recent case law addressing the proper procedures for asserting class claims, the allowance of class claims and compensation of class counsel, and the final resolutions of class claims, either by way of settlement or pursuant to plans. Other cutting-edge issues surrounding class claims also will be discussed.

This panel of board-certified judges will break down some of the most interesting, shocking and sometimes amusing ethical missteps taken by members of the federal bar.

Join members of the ABI Task Force on Veterans and Servicemembers Affairs as they provide updates on the HAVEN Act and other important legislation, as well as laws relating to veterans and insolvency.

This session will discuss strategies for presenting bankruptcy issues on appeal, including procedures, briefs, oral arguments and the doctrine of mootness.