Tennessee

This panel will consider ethical issues in real estate bankruptcies involving candor to the court as to out-of-court happenings, considerations for debtor’s counsel and advisors in parsing entity vs. guarantor, and other insider issues.

This panel will present a lively debate addressing current trends in DIP financing. Who are (and are not) DIP lenders these days? What opportunities and challenges arising from the amortization of Main Street lending programs should practitioners be aware of? How is DIP financing being used to buttress liability-management transactions? How big should a DIP loan be, and what issues arise in corporate governance when a company seeks a DIP? When do DIP protections go too far?

This session will focus on various aspects of bringing and litigating multi-count causes of action springing from fraud, and how to uncover hidden assets in the context of fraud-based avoidance actions.

This panel will discuss a selection of cases that raise current substantive bankruptcy issues and litigation challenges, including how to convince a bankruptcy court to extend the automatic stay (or issue an injunction) to protect debtor-related (but nondebtor) entities from tort or other litigation that could interfere with the plan process (e.g., Robertshaw (S.D. Tex. 2024); Roman Catholic Diocese of Rockville Center (S.D.N.Y.

This panel will cover such topics as exculpation/opt-in, opt-out, as well as U.S. Trustee views on programmatic positions vs. litigating a case. The panelists will cover topics relating to fees, such as the role of a fee examiner, and nonestate professional fee requests. Attendees also will learn about the importance of sealing personally identifiable information — and how to do so.