West Virginia State Approved Sessions

As generative AI becomes part of the bankruptcy and restructuring toolbox, professionals face exciting opportunities — and serious obligations. This interactive panel will dive into real-world uses of AI tools, best practices for effective prompting, and the ethical rules you really don’t want to break. The panelists will include live demonstrations and audience Q&A, and discuss how courts and clients are responding to this fast-changing landscape.

This panel will provide a general overview of dischargeability litigation under § 523 of the Bankruptcy Code, then delve into advanced litigation strategies derived from the panelists’ personal experiences in representing and adjudicating such matters. Understanding the far-reaching implications of the Supreme Court’s Bartenwerfer decision — allowing nondischargeable conduct to be imputed to debtors under applicable state law — will be the focal point of this panel’s discussion, which will highlight of a number of recent decisions applying Bartenwerfer to various dischargeability claims.

The attributes of the limited liability company form that are considered favorable by clients and advisers alike can present distinctive challenges in chapter 11. This panel will delve into those challenges and relevant case law developments in the context of a hypothetical transaction. The panelists will provide their valuable insights on relevant current topics and issues, such as the LLC’s authority to file a chapter 11 case, fiduciary duties and duty waivers, derivative standing, and tax implications for LLC stakeholders. Attendees can anticipate receiving actionable analyses to apply in future cases, whether preparing for a chapter 11 case, advising a committee or structuring a transaction. 

This session will go beyond the black-letter law of § 365 with a "landlord mafia boss" to discuss practical and timely topics concerning how to best serve your client in post-petition lease negotiations during a post-petition § 363(b) sale process. This panelists will discuss cutting-edge issues and real-life experiences associated with real property and personal property leases from some of the most significant cases over the past several years, including Yellow, Red Lobster, GNC and Big Lots. Attendees can expect to be able to implement these lease strategies in cases of all sizes on behalf of debtors, landlords and other interested third parties.