2025

This panel will provide an update on today’s retail restructuring landscape by discussing hot topics in retail bankruptcy cases, administrative solvency challenges, the “billing vs. accrual” approach in leases (Avianca Holdings), nondebtor releases and injunctions in sale orders, and chapter 15 and sales of U.S. assets “free and clear” (Goli). How far have we come over the years? What out-of-court solutions might work best?

CLE credit is not available for this session.This panel will review various macro issues that will likely impact the restructuring community in 2026, including trends associated with the private credit markets and the health care, retail and real estate sectors.

Resolved: The doctrine of in pari delicto should bar a trustee from recovering solely for the benefit of creditors.Resolved: The above transaction is an avoidable fraudulent conveyance, and the original lenders may recover more than via a general unsecured claim.A debtor engaged in an LME transaction in which the debtor received substantial liquidity by subordinating a debt secured by a first lien on the debtor’s principal assets to a new, more senior first lien. The debtor received desperately needed liquidity, but the subordination substantially impaired the recoveries received by the original first-lien lenders. A subsequent bankruptcy was filed within 18 months. Unsecured creditor recoveries will be 2%. The court determined that the subordination agreement violated the terms of the original loan agreements.

This panel will focus on chapter 7 trustee standing to pursue assets, plus the use of expert witnesses, sufficiency of complaints (Pack Liquidating) and sales of avoidance actions (South Coast). The panelists also will discuss recent case law on preference and fraudulent-transfer defenses, the extension of statutes of limitations (Kwok), and the role of both voluntary and mandatory mediation procedures.

This panel will discuss post-Purdue case developments, including what constitutes “consent” and the role of opt-out releases (Spirit and other recent cases), third-party stays and injunctions, solicitations (Red River Talc), and the role of financial distress in chapter 11 and whether it is too restrictive (LTL). The panelists also will provide an update on where we stand regarding prepacks, nonvoting classes when confirming subchapter V plans (SushiZushi), out-of-court solutions and liability-management exercises.

Hosted by the Commercial and Regulatory Law Committee. This webinar will address emerging subchapter V issues and best practices from the perspectives of the debtor and secured and unsecured creditors. The panelists will discuss debtor eligibility for subchapter V, dischargeability of debts through subchapter V, the effects of § 1111(b) elections by secured creditors on subchapter V cases, and subchapter V plan cramdowns.

Hosted by ABI's Real Estate CommitteeThe office sector remains one of the most challenged areas of commercial real estate, with fundamentals shifting in ways that continue to test owners, lenders and tenants alike. While prime properties in select markets are benefiting from a clear flight to quality, overall leasing activity is uneven, and vacancy rates remain elevated nationwide. With billions of dollars of office-based loans in distress and higher rates with tighter underwriting colliding with declining property valuations, the office asset class continues to be a real estate sector that restructuring professionals should watch closely.The Real Estate Committee is pleased to provide a deep dive into this market from the perspective of a national bank special assets manager, a CMBS attorney and a transaction professional through a hybrid Zoom webinar and in-person program at the New York City offices of Pillsbury. The program will conclude with a live Q&A session.

Sponsored by SC&H CapitalJoin us for the second session of a three-part webinar series, hosted by ABI Capital Partner SC&H Capital. This second session will discuss private credit loan refinancing, including considerations for borrowers and new lenders. With a focus on the use of private credit and traditional and alternative financing vehicles, industry leaders will discuss how the strategies for and structures of merger-and-acquisition transactions have changed, and what is expected in the current, future and volatile markets. The third session, taking place in November, will address how officers and directors must focus on complex issues and elevated responsibilities in the context of these types of transactions. Attendees will gain valuable insights — from investment bankers, attorneys and financial advisors who are on the front lines of these kinds of transactions — that will inform them now and in the future.

This webinar will focus on several hot topics pertaining mediation and ADR, such as the duty of disclosures for mediators and other neutrals, recent issues that have arisen regarding the scope of mediation confidentiality, and the pros and cons of having judicial mediators vs. private mediators.

Hear the latest on what's happening on Capitol Hill involving the bankruptcy system. Proposed legislation to amend the bankruptcy code, needed changes to Subchapter V, what the rumor mill might be saying about laws in the pipeline - these panelists are involved in the discussions with legislators and will report on what's happening now and what's coming down the road ahead.