Georgia

This session will focus on the ways in which subchapter V cases progress through to a sale and/or plan, including statutory deadlines for subchapter V cases and how such deadlines do or don’t impact other Code sections, and whether Code deadlines are mandatory or discretionary. Attendees will learn standards and strategies to be considered in subchapter V cases.

Luckin Coffee Inc., founded in 2017 by a Chinese entrepreneur, had the goal of outgrowing Starbucks as China’s largest coffee chain. The company’s 2019 IPO and bond offering raised approximately US$900 million. However, in February 2020, it was discovered that Luckin had fabricated its financial statements, with revenue overstated by US$300 million. Litigation followed, with various direct and class action claims being asserted in the U.S., a class action claim in Canada, and injunctive proceedings in both the Cayman Islands and Hong Kong.

This panel will discuss what happens when lenders default on paying borrowers for non-monetary reasons, such as covenant or compliance violations on real estate loans like debt-coverage-ratio violations. The lenders’ goal is to regain possession of the real estate for investment purposes and deploy it at higher interest rates. The panelists will discuss the impact and efficacy of this strategy from all angles: institutional lender-side, borrower-side and investor-side.

This panel will explore the various roles of neutrals in bankruptcy, including applicable provisions of the Bankruptcy Code and Rules, as well as the limitations on the use of neutrals in bankruptcy. Examples of neutral roles in bankruptcy include mediators, fee examiners, subchapter V trustees, and mass tort personal-injury plan administrators. Limitations on the use of neutrals in bankruptcy can be found in Bankruptcy Rule 9031, and there is growing support to modify the rule to eliminate this limitation.