Business

This panel reviews recent cases and assesses whether arbitration is enforceable in bankruptcy, and to what extent.

This panel takes a fresh look at the latest categories and buyers of asset sales under § 363, and the increased influence that unsecured creditors are exerting over those sales. The panelists discuss recent noteworthy successful and failed sales, including Vice Media, Vital Pharmaceuticals, Inc., Celsius Network, LedgerX and Voyager.

As subchapter V use increases across the country, the courts continue to interpret and explore the bounds of the statute. This panel will discuss the emerging issues being addressed by practitioners and the courts, including developing eligibility questions and the varied applications of the statute to different and unique debtor situations, and will provide a review of the timeliest opinions that are impacting debtors and creditors in these proceedings.

This panel will discuss the current status of nonconsensual third-party releases (Purdue, Aearo, Boy Scouts, LTL), good faith and financial distress, alternatives to nonconsensual releases, international comparisons, preservation and impact of insurance, and case administration issues that include obtaining consent, conflicts among claimants represented by a single firm, and preservation of a claimant’s “day in court.”

This panel will provide attendees with a step-by-step process to review potential claims against parties-in-interest in chapter 11 proceedings. The panelists will review the establishment of independent directors/special committees and scope of authority, the process plan regarding a proposed investigation, execution of the plan during chapter 11 proceedings, and addressing issues, allegations and disputes raised by stakeholders.

Climate change is ravaging the world through droughts, flooding, fires, intense heat and deforestation, among other environmental events. Numerous industries have already been impacted, and other industries will be affected, including agriculture, hospitality, construction and insurance. This panel provides an overview of the economic impact of climate change and the ways in which insolvency professionals will be expected to address this ever-increasing cause of financial distress.

This session will provide an overview of recent cross-border and international decisions interpreting the UNCITRAL Model Law as incorporated in local bankruptcy and insolvency laws, as well as considerations of jurisdictional boundaries and comity principles applied to the recognition of foreign plans and claims processes.

This panel will focus on cross-border financial crime in a restructuring setting, including FCPA or sanctions violations, valuation fraud and money laundering.

This panel will discuss the use of AI in insolvency proceedings, as well as service of process via social media in such recent cases as Three Arrows Capital (3AC).