Utah

NO CLE - The Best-Laid Plans...

This session will examine key chapter 11 plan and confirmation issues and considerations, including plan-support agreements, nonconsensual third-party plan releases, classification and voting, valuation and cramdown interest rates, and “gifting” in plans post-Jevic.

Free Session

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NO CLE - The Curious Case of the LLC: Often Used, but Rarely Understood

Limited liability companies are outpacing corporations as the preferred business form, but they are a newly popular type of entity. This panel will track LLC law as it rapidly evolves to deal with the unique issues LLCs present. How does the Bankruptcy Code interact with state law in handling these issues, including member- and manager-managed LLCs, single-member LLCs, LLCs as assets of an estate, charging liens, restrictions on attachment or transfer of membership interests, and forced insolvencies? Please join us as we examine the clues to unravel the case of this curious entity.

Free Session

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NO CLE - D&O Insurance Coverage: “The Rest of the Story”

The only D&O insurance policy issues that get much attention — in the restructuring world, at least — are (1) the insured-vs.-insured exclusion and (2) obtaining stay relief to access policy proceeds. The panel will tell the “rest of the story” by addressing important — but often overlooked — coverage issues and offering practical advice for purchasing D&O insurance policies (on behalf of distressed entities) and monetizing such policies (on behalf of fiduciaries).

Free Session

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NO CLE - Restaurant Bankruptcies and Restructurings: The Next Big Wave in Retail Insolvencies?

The restaurant industry, particularly the fast food and fast casual sectors, is under pressure from rising food and labor costs, the changing dining habits of millennials, and decreased foot traffic at retail shopping centers. This panel will examine those trends and explore potential strategies to maximize enterprise value, both in and out of bankruptcy court.

Free Session

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NO CLE - Rescuing Hospitals from the Emergency Room

All types of hospitals — from acute care to highly specialized — are experiencing financial challenges. This is especially true for rural and nonprofit hospitals, which often rely heavily on slower and lower payments from Medicare and Medicaid. Often the best (or only) solution for a distressed hospital is a sale to a larger hospital operator or system. This panel will examine the unique challenges facing buyers and sellers in connection with such distressed hospital sales.

Free Session

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Media: Audio
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NO CLE - Why Not Here? An Examination of Why More Chapter 11 Business Cases Aren’t Filed in the Southeast

This panel will examine the factors considered by debtors and their advisors when determining where to file a large chapter 11 business case, and the occasional efforts to have the case transferred to a venue that is arguably more convenient to creditors, employees and/or shareholders. The panel will also discuss the pending legislation known as the Bankruptcy Venue Reform Act of 2018 (S. 2282) — as well as the arguments both supporting and opposing its passage.

Free Session

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NO CLE - “They Sold My House — and You Said It Was Safe!”

This panel will discuss the chapter 7 trustee’s ability to avoid and surcharge the taxing authority’s secured lien for the benefit of the estate. The panelists will review in detail 11 U.S.C. § 724 and related Code sections, the proper procedural approach, preemption, and related § 363 sales and their implication on property that debtor’s counsel thought was safe or exempt.

Free Session

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NO CLE - Chapter 11 Plans: The Role of Committees in Plan Formulation

Creditor and equity committees have an important role in maximizing recoveries chapter 11 cases. Both formal and ad hoc committee can dramatically influence the course of a chapter 11 and the ultimate shape of a chapter 11 plan. This panel will explore legal tools and practical strategies available to committees in seeking to deliver better results for their constituents, as well as the risks involved and the likelihood of success.

Free Session

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NO CLE - Financial Advisors: The Challenges Facing Colleges and Universities

This panel will discuss the challenges facing colleges and universities, and the financial advisor’s role in assisting stakeholders in addressing these challenges. The panelists will discuss the dynamics associated with turning around a college or university and how that process differs from the kinds of turnarounds that most professionals are familiar with.

Free Session

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NO CLE - Facing the #MeToo Movement in the Legal Profession: Sexual Harassment and Misconduct, the Rules of Professional Conduct and the Code of Judicial Conduct

Rarely has a hashtag so completely captured the urgency and gravity of a major shift in national consciousness. This panel of experts will lead an interactive discussion on issues confronting the legal profession in the #MeToo world, examining legal, practical and ethical considerations through a series of vignettes. What should be done about the difficult client that represents a significant portion of firm revenue? What are best practices for lawyers in supervisory and managerial roles?

Free Session

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