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2019

CDS Markets

A number of recent high-profile cases have been impacted by credit derivatives (e.g., Hovnanian, Sears, Caesars, iHeart). The panelists discuss how these situations have unfolded and their effects. What pre-filing diligence should a debtor perform in order to be prepared?
1 hour 17 minutes 48 seconds

ABI Live Webinar: Stayin' Alive...Debt Restructuring for Critical Access Hospitals

Hospital bankruptcies are on the rise, and rural hospitals are no exception. About 20% of rural hospitals are considered to be at risk of closure nationwide, and the majority of these hospitals are considered essential to their communities. In light of these trends, this webinar will provide ABI members an overview of the unique issues faced by small rural hospital designated as “critical access hospitals” (“CAHs”) by the Centers for Medicare and Medicaid Services. Established by the Balanced Budget Act of 1997, the CAH designation allows eligible rural hospitals to receive reimbursement from Medicare (and state Medicaid programs) based on 101% of allowable costs rather than the traditional fee-for-service model. In order to receive the CAH designation, a hospital must be at least 35 miles from another hospital and meet at least the following criteria: (1) have 25 or fewer inpatient acute beds; (2) maintain an average length of stay of less than 96 hours for acute beds and (3) provide 24/7 emergency services. Despite what should be a favorable reimbursement model, the nation’s approximately 1,350 CAHs are plagued with a variety of regulatory and socioeconomic hurdles hampering their profitability. These include shrinking federal and state budgets, physician shortages, the high cost of providing care to under- and uninsured patients, certain physician costs that are not reimbursed on a cost-plus basis, and difficulty repaying overpayments by the Medicare and Medicaid programs. In a lively forum, this panel will focus on: 1. Debt restructuring challenges faced by CAHs due to their narrow margins and cost-based reimbursement model; 2. Alternative solutions to cash flow for CAHs through expansion of medical services, large group physician employment agreements, telemedicine and operational efficiencies; 3. Legal expansion programs in a CAH environment and illegal schemes perpetrated by bad actors who take expansion too far; 4. The roadmap to reorganization for CAHs who find themselves amid allegations of violations of the False Claims Act, Stark Law and Anti-Kickback federal and state laws and in the snarls of a healthcare fraud investigation with either CMS, Medicaid, OIG or commercial payers’ SIU departments; and 5. How to overcome the overpayment liability dilemma. Speakers Carol L. Fox GlassRatner Advisory & Capital Group LLC Elizabeth A. Green BakerHostetler Andrew Helman Murray Plumb & Murray Frank P. Terzo Nelson Mullins Riley & Scarborough LLP View Materials
1 hour 20 minutes 34 seconds

Crossfire (2019 Bankruptcy Battleground West)

This panel is in the format of current-events TV program “Crossfire” and will address three “hot” or “interesting” bankruptcy issues that are not being addressed in the other sessions, including future waivers, new-value issues and Jevic.
1 hour 17 minutes 58 seconds

Looking for the Remote: Structuring Enforceable Bankruptcy-Remote, Special-Purpose Entities in Commercial Real Estate Finance

This panel will explore the evolution of real estate financing structures leading up to today’s market, and discusses how current trends and varying structures can affect results in a future workout or bankruptcy.
1 hour 7 minutes 48 seconds

The Morning After OPEC Goes Broke

Various factors have combined to result in low crude oil prices that are not expected to rebound significantly and not to a point where OPEC countries will be able to cover their operating deficits. This panel will explore the issues facing the OPEC countries and discuss how these issues will impact the global economy and insolvency practice in the coming years.
48 minutes 36 seconds

The 2017 Tax Cuts and Jobs Act: More Trouble for Financially Troubled Businesses

The 2017 Tax Cuts and Jobs Act made significant changes to the Internal Revenue Code. This panel will discuss certain tax changes that may adversely affect financially troubled business operations, debt restructurings, reorganizations and liquidations.
1 hour 15 minutes 36 seconds

EB-5 Program Company Restructurings

Through the EB-5 immigrant investor program, a foreign national can invest at least $500,000 into a qualified project, and if that investment leads to the creation of at least 10 jobs in the U.S., the investor becomes eligible for permanent U.S. residency. The EB-5 Program has expanded dramatically over the last decade, typically with USCIS-qualified “regional centers” pooling investments to provide inexpensive liquidity to real estate developments and other businesses. This panel will discuss recent developments and issues involved in EB-5 restructurings and chapter 11s.
1 hour 9 minutes 51 seconds

The Great Divide: Overview of Circuit Splits on Current Issues

This panel of legal experts break down a number of significant issues that are currently dividing circuits across the country, including the effect of rejecting trademark licenses, the allowance of claims for “make-whole” premiums, third-party plan releases, the right to assume and assign intellectual property agreements, the calculation of lease-rejection damages under § 502(b)(6), and the standard for satisfying the impaired consenting class requirement under a joint plan. Do you know where your circuit stands on these key issues?
1 hour 7 minutes 33 seconds

Judges’ Hot Topics (2019 Annual Spring Meeting)

This panel is a great way to stay ahead of your peers and adversaries! The panelists present a cutting-edge review of the most important decisions of the day that could impact your practice.
1 hour 3 minutes 49 seconds

Hot Topics: The Final Report of the ABI Commission on Consumer Bankruptcy

The panelists will discuss the findings of the ABI Commission on Consumer Bankruptcy, focusing on three areas of great interest to the Commission: (1) student loans; (2) how attorneys get paid; and (3) a “reserve fund” for chapter 13s so that debtors can save for unexpected emergency expenses.
59 minutes 35 seconds