Video

There have been a number of recent bankruptcy filings by large and high profile healthcare providers, such as the filings of Verity Health System of California, Inc., in Los Angeles (the second largest hospital bankruptcy case in American history), Hospital Acquisition LLC and 25 related debtors d/b/a Promise Health and American Academic Health System (Hahnemann University Hospital and St. Christopher Hospital in Philadelphia) in Wilmington, Delaware, and Astria Health in Yakima, Washington.

This panel will discuss preferences and fraudulent conveyances, the Fairfield cases relating to extraterritoriality, and whether returning the funds acts as a defense (Kingsley v. Wetzel (In re Kingsley), 518 F.3d 874, 877-78 (11th Cir. 2008)) versus what the Seventh Circuit has ruled on the issue (Nostalgia Network Inc. v. Lockwood, 315 F3d 717, 720 (7th Cir. 2002)).

How do judges view the various types of committees–official statutory committees (including unsecured creditor, equity, retiree and tort claimant committees) and ad hoc committees? Is the makeup of the committee (trade/landlords/noteholders/bondholders/litigation claimants) relevant? What is Jevic’s impact on the ability of unsecured creditors’ committees to obtain recoveries for their constituents—do committees representing deeply out-of-the-money creditors have anything left in their toolboxes? This panel will discuss these questions and more relating to official and ad hoc committees.

This session will cover a number of recent confirmation hot topics, including pre-packaged reorganization (In re FullBeauty Brands Holding Corp.), make-whole provisions (In re Ultra Petroleum Corp.), reorganization through rights offerings (In re Pacific Drilling SA), and the ‘one day’ confirmation issue (Pacific Western Bank v. Fagerdala USA-Lompac Inc.).

Practitioners are constantly looking for ways to expand, or limit, the ability of estate fiduciaries and creditors to avoid transfers. This panel will explore several cutting-edge issues with respect to fraudulent-transfer actions currently playing out in bankruptcy courts, including whether trustees may recover tuition payments by debtor-parents for the benefit of their adult children and the meaning of “reasonably equivalent value” under Section 548(A)(1)(b).