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This panel will cover procedural and evidentiary issues that can arise in the context of adversary proceedings and contested matters related to expert witnesses and expert reports, witness examination, and the introduction of electronic content into evidence.
Anatomy of a Small-to Middle-Market Restructuring in Today’s New World
This panel will discuss the various tools and strategies available to insolvency professionals when small businesses attempt to restructure and avoid closure. The panelists will explore nonbankruptcy options available to these businesses, particularly in the current economic climate, including forbearance agreements, longer-term workouts and refinancing, as well as recent case law developments affecting out-of-court workouts for both debtors and creditors. The discussion also will include some of the bankruptcy options available to these businesses, how these businesses can analyze if and when chapter 11 (or chapter 7) provides the best (or only) path forward, and what creditors can do to prepare for an inevitable filing. Finally, the panelists will review bankruptcy eligibility requirements for small businesses in subchapter V and single-asset real estate cases, recent case law developments in subchapter V that practitioners must know about when evaluating bankruptcy options, and other important hurdles and considerations that these types of businesses can expect to encounter today.
Involuntary Bankruptcies: Often Discussed, Seldom Used
This session will provide a general overview of the involuntary bankruptcy process, and will drill down into what it means for a claim “not to be subject to a bona fide dispute," what happens or does not happen during the “gap period,” soliciting and adding creditors to the petition, and the ramifications of when an involuntary filing is dismissed for bad faith.
The Rise of Creditor-on-Creditor Violence
Hosted by IWIRC New England
Companies are not the only ones fighting with creditors these days; creditors are fighting amongst themselves, relying on increasingly nuanced interpretations of debt-issuance documents and intercreditor agreements. What has changed in the debt-finance landscape that is bringing these disputes to a head? What are the document provisions and transaction structures that have been in dispute? What are the litigation strategies and considerations at play, and how have courts reacted to these kinds of disputes? This session will address these questions and more.
Recent Developments
New developments occur regularly in bankruptcy law, and this past year was no different. This session will provide you with an overview of important U.S. Supreme Court decisions that came down in the 2022-23 session that relate to bankruptcy, as well as the recent Purdue Pharma decision from the Second Circuit Court of Appeals. The panelists will review the facts and key holdings of each case, and how they may affect pending and future cases. Discussions will include the nondischargeability of debt due to fraud committed by a partner, the treatment of certain statutes as “jurisdictional” versus preconditions to relief, violations of the Fifth Amendment’s takings clause, whether Indian tribes have sovereign immunity from damages claims for violations of the automatic stay, the allowance of nonconsensual releases of creditors’ direct claims against non-debtors in the Purdue Pharma L.P. chapter 11 plan, and recent developments on the “solvent debtor” exception in chapter 11 cases.
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Getting Board Certified: Preparing for the ABC Exam
Achieving American Board Certification(ABC) means you have met the rigorous, objection standards of a top professional in the areas of bankruptcy and/or creditors rights
The ABC Exam is the essential step in the process, and this 5-part on demand corse will prepare you to pass the test. Whem you click on the "Register" button, you will see an intro video that explains the benefits of the ABI Certification, the steps in the process and what to expect in th exam. No CLE credit is offered for this course.
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