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Post-confirmation trusts increasingly have become a popular means of obtaining plan confirmation and administering estate assets, pursuing litigation, and resolving a variety of disputes in chapter 11. While the use of post-confirmation trusts provides a host of benefits, it may provide traps for the unwary.

The real estate sector is accounting for an increasing number of bankruptcy filings, and the pandemic has hit the hospitality industry particularly hard and is spurring restructuring activity in that area. Join this panel of experts as they discuss the rise in hospitality bankruptcies, challenges that are specific to this industry and the real estate sector, and restructuring opportunities that have emerged and will likely continue as part of the post-pandemic recovery.

This panel will discuss the recent BVI Court of Appeal decision of Net International Property Limited v. Erez (22 Feb. 2021), along with recent decisions in Hong Kong, Singapore, England and Wales. The panelists will also consider alternatives to recognition and assistance, and practical considerations when there are joint appointments with BVI liquidators.

This panel will explore new uses for traditional entity types and look at other types of Cayman entities and their uses in the Caribbean area and in the U.S. Industry and legal experts will discuss what the entities are and what is being done with them, as well as the bankruptcy/insolvency issues and effects that might exist for segregated portfolio companies (SPCs), special purpose acquisition companies (SPACs), exempted limited partnerships, foundations and limited liability companies (LLCs).

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.