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Filing a bankruptcy petition is not always a viable option or the best solution. This panel will explore alternative avenues for distressed companies, including receiverships, assignments for the benefit of creditors and Article 9 foreclosures, as well as when a bankruptcy filing is the most effective tool. Learn what factors should be considered in evaluating the various options and what the benefits and drawbacks of each alternative are.

This panel will identify recent examples of chapter 11 plans confirmed within the Ninth Circuit that contained third-party releases despite longstanding precedent in the Ninth Circuit prohibiting those releases outside of the asbestos context. The panelists also will describe the types of releases confirmed, as well as how the plan proponents were able to include the releases.

This panel will discuss various issues concerning the impact that the COVID-19 pandemic and the economy for the last two years have had on valuations and appraisals. Since cash flow is essential for valuations and operations, the panelists will also discuss the effects of the pandemic on businesses’ cash flow and what can be done to recover and improve cash flow. In addition, the panelists will discuss the sales and auctions of assets during the pandemic period.

Unsecured creditors (and official creditor committees) may appear hopelessly “out of the money” at the beginning of a case, but how may they most effectively and most responsibly assert their interests throughout the case to win a recovery? This panel addresses this question and more.

What are the constitutional limits of bankruptcy court jurisdiction and authority? This panel will discuss recent decisions implicating Stern v. Marshall to see when and how courts are addressing limits on jurisdiction and authority. The panelists will analyze when state law actions may be maintained in bankruptcy court and when the bankruptcy court can enter final orders and review key local rules. Additionally, the panelists will provide strategies for how to address matters where a bankruptcy court cannot issue final orders.

This panel will briefly review the current state of third-party releases, then discuss/debate different ways and mechanisms to potentially remedy the issues that have been highlighted by (or that have bothered) various courts around the country.

Join ABI on Maryland’s Eastern Shore for family-friendly fun and networking in a relaxed atmosphere at the 2022 Mid-Atlantic Bankruptcy Workshop. Our host hotel, the Four-Diamond Hyatt Regency Chesapeake Bay, is situated on 342 acres along the picturesque Choptank River and is an easy drive from Washington, D.C., Baltimore, Philadelphia and Wilmington, Del. Earn up to 8 hours of CLE/CPE credit, including 1.5 hours of ethics, from a stellar faculty of regional professionals and judges on business-, consumer- and skills-focused topics.

This panel will discuss and analyze attacks on pre-bankruptcy transactions, specifically certain transactions that (1) resulted in modifications to corporate governance or subsidiary status; (2) were at the behest of directors and officers and that may or may not have been to the detriment of the company; (3) were designed to limit liabilities in a workout or reorganization scenario; (4) modified rights or obligations owed to lenders, including the grant of additional security; or (5) were done for some other purpose. During the discussion, the panelists will focus on the analysis of the potential attack on such transactions, as well as the strategy for launching (or planning to launch) such an attack.