2024

This panel will provide guidance and shortcuts on finding, recalling and complying with a variety of bankruptcy rules that are easily overlooked or misunderstood. What critical deadlines must you know? When can you not get an extension of time? Under what circumstances can you limit notice or service?

This panel will examine a host of real estate issues, including the intersection of reverse mortgages and bankruptcy, and the rights of heirs when a borrower files for bankruptcy; the distribution of equity in post-petition real estate sales, and how to determine who is entitled to the proceeds; whether, since Toth, the prime rate is the best measure of risk when applying the Till rate for total debt claims in bankruptcy; the classification of conduit payments, and whether direct mortgage payments should be considered part of bankruptcy plan payments; and effective strategies for addressing and resolving mortgage issues to guarantee that debtors achieve a fresh start post-bankruptcy.

This panel will explore the growth of private credit as an established asset class, as well as trends in private credit restructurings. The panelists will explain the private credit market generally, key differences between direct lending and the broadly syndicated market, and the relationship between private credit and private equity. The panelists also will highlight private credit restructuring trends, including the factors that drive success for an out-of-court restructuring, and will spotlight some tools in the private credit restructuring toolbox.

This panel will discuss the factors that attorneys who represent debtors should consider in deciding whether to file chapter 7, chapter 13 or subchapter V cases for their individual clients.

This panel will consider the status of and current issues surrounding subchapter V, and predict where subchapter V is going based on recent decisions and trends. Key issues to be addressed include eligibility and debt limits, bar dates, confirmation, corporate discharges, the role and powers of the trustee, and more!

A good insolvency professional knows that bankruptcy is not necessarily a good fit for every distressed situation. This panel will discuss why bankruptcy is not always the best option, and why alternatives such as assignments for the benefit of creditors, receiverships and Article 9 sales might be better fits.

In recent years, chapter 11 proceedings have garnered increasing attention from the media and the public in general. With congressional hearings on mass-tort bankruptcies, Texas-Two Steps and venue reform, politicians have sought soundbites about bankruptcy law to drive media coverage. Additionally, high-profile events tied to bankruptcy filings, like the collapse of FTX and other cryptocurrency firms, have drawn the attention of many who otherwise ignore the goings on of bankruptcy courts. This panel will discuss these current public perceptions (and misperceptions) of bankruptcy proceedings and how they affect the day-to-day practices of lawyers and judges.

Hosted by ABI's Commercial and Regulatory Law Committee This panel of bankruptcy practitioners will discuss all facets of merchant cash advance (MCA) funding, its history, and its interplay with bankruptcy. The panelists will provide different perspectives — MCA company, debtor and subchapter V trustee — on the legal implications of merchant cash advances in chapter 11 bankruptcy proceedings, as well as practical solutions for dealing with MCAs in chapter 11 cases.