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Business

Can I Pay for this Restructuring with Points? Distressed Debt in the Travel & Hospitality Industry

This panel will discuss the impact the COVID-19 pandemic has had on the travel and hospitality industry, including how airlines, cruise lines and hotels have managed through the crisis so far, what’s next for the industry once the pandemic becomes endemic (and hopefully milder), and the unique issues that arise in hotel property workouts and bankruptcies.
1 hour 4 minutes 49 seconds

Mass Torts Update

This panel will discuss recent developments in mass tort bankruptcy cases, including the Purdue Pharma case and the Texas Two-Step (divisive merger), as well as its viability given recent rulings, including in In re DBMP LLC and In re Aldrich Pump, which suggest that divisive mergers may be subject to challenge as fraudulent transfers or under alter-ego, successor-liability and similar doctrines. Developments in third-party releases and legislation aimed at prohibiting third-party releases and limiting forum-shopping will also be discussed.
1 hour 9 minutes 32 seconds

Cross-Border Insolvency and Fraud Litigation Update

The world has gone through monumental changes as a result of COVID-19: We have witnessed an administration change; a pandemic shutdown, emergence and contemplated re-shutdown; record market highs; record sustained interest rate lows; and substantial stimulus legislation. How have these various external and macroeconomic changes affected insolvency and fraud litigation, and what impact will they have on the future of litigation? Further, how have these changes influenced cross-border considerations in litigation? This panel will explore the latest trends in insolvency and fraud litigation, and the effects that COVID-19 has had on these trends.
1 hour 11 minutes 19 seconds

Subchapter V Update

This panel will highlight some of the roadblocks that small business debtors face at the commencement of their cases, throughout the process and on the road to plan confirmation. First in line is the definition of “engaged in commercial or business activities.” Central to this issue is whether a debtor needs to be actively engaged in business operations to qualify as a subchapter V debtor. Next up is lease assumption. When is it the right time to assume? Complicating the road to confirmations is a secured creditor’s § 1111(b) election, and the panelists will present pro and con arguments relating to nondebtor stay relief, injunctions and releases. Finally, the panelists will discuss what the debtor can do to effectuate a consensual plan, the role of the subchapter V trustee in a nonconsensual case, and the discharge of the debtor under both scenarios.
1 hour 12 minutes 47 seconds

ABI-Live: Litigating Claims by Trustees: Avoiding Pitfalls at Plan Confirmation and the Investigation Phase

ABI and Reid Collins & Tsai LLP have joined together to present a three-part webinar series focusing on recurring issues that arise in post-bankruptcy litigation involving trustees, and how to set up trustees for success in pursuing litigation claims. This session, the second in the series, is being presented in partnership with ABI's Commercial Fraud Committee.
1 hour 5 minutes 46 seconds

Post-Filing Issue-Spotting

Sometimes a bankruptcy case isn’t over when it’s over, especially when certain issues arise (like the debtor suddenly “discovering” a bank account he or she forgot to “mention”). Learn how to navigate some of the most common post-filing problems that can crop up.

Defending a 523/727 Action

Bankruptcy discharges go to “honest but unfortunate debtors,” but creditors (because they want their money!) don’t always give up their quests to extract money, even after a bankruptcy case concludes. These useful case examples will guide practitioners through a survey of the most common quarrels over discharges and exceptions.

Fees & Profitability

Getting paid in a world populated by bankrupt debtors is a tricky dance, but there are ways to make it happen. What you learn in this session is sure to be music (and money) to your ears! This panel will address chapter 7 fee bifurcation, effective chapter 13 fee applications and step-up plans, as well as practice-management profitability strategies, budgeting, billing and retirement.

Student Loans

There has been a lot of chatter floating around Congress surrounding student loans. Right now, all student loan debt discharges hinge on a “hardship” definition that is almost impossible to achieve. But the rules might change soon — or at least bend a little, as recent court decisions suggest. Join this session to learn the latest surrounding this pertinent issue.

Pre-Filing Issue-Spotting

Ever have a case dismissed because you overlooked some critical detail? We’ve all been there. This informative session will help guide you through some of the missteps that can scuttle a case right at the finish line.