This panel will discuss the factors that attorneys who represent debtors should consider in deciding whether to file chapter 7, chapter 13 or subchapter V cases for their individual clients.
This panel will consider the status of and current issues surrounding subchapter V, and predict where subchapter V is going based on recent decisions and trends. Key issues to be addressed include eligibility and debt limits, bar dates, confirmation, corporate discharges, the role and powers of the trustee, and more!
A good insolvency professional knows that bankruptcy is not necessarily a good fit for every distressed situation. This panel will discuss why bankruptcy is not always the best option, and why alternatives such as assignments for the benefit of creditors, receiverships and Article 9 sales might be better fits.
In recent years, chapter 11 proceedings have garnered increasing attention from the media and the public in general. With congressional hearings on mass-tort bankruptcies, Texas-Two Steps and venue reform, politicians have sought soundbites about bankruptcy law to drive media coverage. Additionally, high-profile events tied to bankruptcy filings, like the collapse of FTX and other cryptocurrency firms, have drawn the attention of many who otherwise ignore the goings on of bankruptcy courts.
The panel will discuss legal and practical issues arising out of bank failures. Following a brief overview of precipitating factors in recent bank failures, the panelists will discuss the legal framework for bank liquidations through FDIC receiverships, including their effects on deposit customers and borrowers. While banks are liquidated by the FDIC, related entities, such as bank holding companies, often look to bankruptcy courts to address their issues.
This panel will interactively explore the current legislative context of subchapter V, measures and strategies for its success, impediments to its broader use, bad faith or improper purposes, current developments, and what might need to be fixed.
This panel will help you gain a better perspective on the ways in which corporate directors’ duties morph when a company begins to experience distress. What changes should you be making, through what lens will you analyze past board dealings, and how might you provide revised governance controls to best guide the entity going forward? The panelists will provide their expertise into the pitfalls and practices of governing in the zone of insolvency, and will examine the empirical research regarding outcomes at times like these.
What is a “good faith” bankruptcy filing after LTL? Is there a “good faith” requirement at all, and is it subjective or objective? How much financial distress is necessary (if any), and how can a debtor know when it gets there? What lessons should smaller debtors take from large mass tort cases? Is there really a split in the circuits on these issues? Join this ABI/IWIRC panel for a lively and interactive discussion of good-faith (and bad-faith) filings.
In the 2022 and 2023 Supreme Court terms, there have been three or four bankruptcy cases on the docket in each term, as opposed to the more normal one case every year or even every other year. Cases have included both very significant issues that may have far-ranging effects, as in Harrington v. Purdue Pharma L.P.
