Business

Using case law examples, this panel will discuss various aspects of subchapter V in the three years since it became law. Topics will include § 523 and non-individual debtors, whether the minimum required information (e.g., cash flow, tax returns, MORs) is enough to allow creditors to make informed decisions, the role of the subchapter V trustee, the U.S. Trustee guidelines for subchapter V trustees and whether they broaden the role beyond what is set forth in 11 U.S.C.

This panel will discuss four topics of interest, paying particular attention to litigation strategy and tactics with respect to each. First, we will examine stays pending appeal, particularly stays pending appeals of confirmation orders, including the current state of equitable mootness law in the Second Circuit and elsewhere; when and how to move for a stay; whether and how to make a record at the confirmation hearing to support a later stay motion, and what to do about the bond requirement.

Stunning failures across the crypto ecosystem have caused many to question the future of the industry and ask whether the crypto boom was purely fueled by speculation. Allegations of misfeasance at FTX and the interrelatedness of major industry participants create understandable questions, and business models have been shown to be flawed. This panel discussion will explain industry issues, unique bankruptcy challenges, and what the future of the crypto industry might look like.

This panel will provide a review of recent confirmation issues, including reinstatement in a rising-interest-rate environment, cramdown and Till in a rising-interest-rate environment, the entitlement to or apportionment of the increased value of collateral, new versions of pre-disclosure-statement plan-commitment agreements, make-whole obligations as unmatured interest, solvent debtors and creditors’ entitlement to post-petition interest, and the evolution of equitable mootness.