2017, 2017 New York City Bankruptcy Conference

Health Care and Education

The panelists will delve into the various issues looming over the health care and education industries, including (1) the potential changes in policy under the Trump administration, (2)overleveraged institutions and (3) the differing issues facing the for-profit and nonprofit sectors.


Deconstructing EFH

The panelists will discuss the various issues that have been raised in the Energy Future Holdings bankruptcy, including make-wholes, the unimpairment opinion, the pre-plan settlement appeal, and interaction with state regulators and the bankruptcy court.


Puerto Rico

This session will feature an update on the current state of the distress in Puerto Rico, including PROMESA and related litigation, and other developments.


Ethics Panel

What are bankruptcy crimes, what are the duties of the various parties in a case to
investigate and report them, and what are the protections for those who do?
The panelists will discuss actual-intent fraudulent transfers and the crime/fraud exception;
recent cases suggest that a “fraud” that may trigger the crime/fraud exception to
attorney/client privilege and that the work-product doctrine may not be limited to crimes
and serious frauds, but rather may include transactions exhibiting only some “badges of
fraud,” such as fraudulent transfers (Fragin, Husky International).


What’s Wrong with Chapter 11?

This panel will visit controlling the time and expense of bankruptcy litigation; how
bankruptcy’s Code, Rules and process affect the relationship between the parties’
incentives and duties to their constituencies; the continuing viability of unsecured
creditors’ committees; claims trading and the increased role of hedge funds in chapter 11
cases; and other topics covered in the Final Report of the ABI Commission to Study
the Reform of Chapter 11.


Current Issues in the Energy Sector

This panel will discuss current trends in energy, from gas production to the coal market
to alternative forms. What will the industry look like 10 years from now? Do we need
coal? Updates of current markets, as well as recent bankruptcy cases and issues, will
be addressed, including the rejection of gathering agreements and the upward trend
in requests for equity committees in commodity cases (Breitburn, Penn Virginia,
Energy XXI, Horsehead, SandRidge, C&J, Peabody).


Equitable Mootness

This session will focus on the current state of the doctrine and recent criticisms,
especially from the Third Circuit (Philadelphia Newspapers, SemCrude, One2One
Communications), and its applications (City of Detroit (invoking the doctrine to reject
the attempted restoration of pension benefits in the city’s bankruptcy)).


Liquidating In and Out of Chapter 11

This session will discuss (1) selecting a trust, LLC, plan administrator or other vehicle;
(2) ensuring that affirmative claims are preserved post-confirmation; (c) establishing
a value/tax basis in litigation claims and other assets transferred to a trust or LLC;
(d) key plan provisions such as preserving 2004 discovery rights, creditor oversight,
continuing court oversight, required reporting and the retention/transfer of the
attorney/client privilege; (e) the trading of interests; (f) provisions for closing the case;


Bankruptcy Litigation

This panel will present a fraudulent transfer update and discussion regarding the split
over § 546(e) safe harbors (Physiotherapy, Tribune, Madoff, Meritt Management),
10-year reach-back periods (Kipnis), the reinstatement of unsecured creditors’
intentional fraudulent conveyance claims and the ruling that the intent of the CEO
can be imputed to the company (Lyondell), the finding that substantive consolidation
does not augment the trustee’s § 544(b) avoiding powers by allowing the trustee to


Cross-Border Panel

This panel will discuss the domestic reach of the foreign stay (Sanjel) and recognition
of judgments/rulings in cross-border cases, including offshore bankruptcies, as well
as non-U.S. companies filing for chapter 11 and the consequences thereof
(Ocean Fisheries, Hanjin and Abengoa)

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