2020, 2020 Insolvency Summit

ABC: Best Behavior, Use of Technology and Other Taboos

ABC sponsored this October 22, 2020, session from the Insolvency 2020 Summit. The expert panel addresses the use of technology by bankruptcy professionals inside and outside of the courtroom. The panel materials include applicable Model Rules of Professional Conduct and feature a section on questionable lawyer behavior. The panelists also suggest best practices for fee applications.

$125.00
$125.00

ABI: Next Big Wave of Chapter 11s: Corporate Real Estate

Most office employees have been working from home throughout the pandemic, and businesses are increasingly realizing that office space is not as essential as once thought. In addition, retailers are closing their doors permanently or shifting exclusively to online sales. Can corporate real estate survive or reinvent itself?

$125.00
$125.00

Views from the Bench: Confirmation Roundtables: Competing Interests in Today's Chapter 11

This session will discuss the impact of extraordinary and unforeseen changes in the economy; feasibility in a COVID-19 world; the split between § 1141 analysis and traditional opt-in/opt-out provisions for third-party releases; the best-interest test in connection with third-party releases; the fate of Till and cramdown; valuation issues such as what happens when projections are totally wrong; exclusivity termination; attempts to put assets beyond the reach of lenders; plan voting/§ 1129(a)(10) and artificial impairment; and estimation for voting purposes.

$125.00
$125.00

Views from the Bench: Dilemmas of an Official Committee

Is the committee’s role shrinking? This session will cover statutory vs. ad hoc committees; challenging exclusivity; judicial reactions to the use of ad hoc committees; whether all committees have a fiduciary duty, and if so, to whom; how far committees can go in representing different unsecured creditor groups (divergent interests, or multiple committees?); ad hoc lender groups; whether gifting has survived; and the risk of extinction by examining Constellation and the problem of sudden death to committee by conversion on demand.

$125.00
$125.00

Views from the Bench: Ethics

This session will highlight several of the Rules of Professional Conduct, including RPC 1.5 (Fees); the Alix/McKinsey litigation; RPC 3.3 (Candor to Tribunal); RPC 4.1 (Truthfulness to Others); the U.S. Trustee guidelines concerning retainers; RPC 7.1 (Communications Concerning a Lawyer’s Services); overbilling, RPC 8.4 (Misconduct); fee examiners, RPC 1.3 (Diligence); disclosures, Bankruptcy Rule 2014; RPC 1.7 (Conflict of Interest); and RPC 7.3 (Solicitation of Clients).

$125.00
$125.00

Views from the Bench: Great Debates

Listen in on 2 Debates argued by bankruptcy judges and experts in the industry on the following topics:
Debate 1: Resolved - Trustees can claw back transfers by and between foreign transferees.
Debate 2: Resolved that the current Code provisions regarding Committees preclude true parties in interest and largest constituents from participating

$125.00
$125.00

Views from the Bench: Mass Torts

This panel will focus on the removal and consolidation of tort claims, including those against nondebtors (e.g., Imerys); the aggressive estimation of tort claims for voting purposes (e.g., PG&E and the one-dollar estimation effort); third-party releases (e.g., the effort we are likely to see in BSA to get releases for local councils); channeling injunctions outside of the asbestos context (being used increasingly, but will the bench eventually push back?); the impact of criminal proceedings on a mass tort debtor’s ability to reorganize (e.g., PG&E and some of the pharma cases); the need for m

$125.00
$125.00
Media: Video
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Views from the Bench: Sales - Chapter 11 or § 363?

Should § 363 sales occur early in a case? Should the Federal Foreclosure Act be invoked? The panelists will discuss these issues, as well as sales in confirmation; circumstances under which a court may preclude or limit credit bidding under § 363(k); whether to push for dismissal, conversion, or a liquidating trust; mootness and appeals; Rule 9019 settlements combined with sales to make them harder to appeal; whether Fulton will further increase the power of secured creditors; and extraordinary changes in the economy (delay or convert?).

$125.00
$125.00

ABI Talks (Insolvency 2020)

Ensuring Conflicts are Transparent in 2020 Hidden conflicts of interest in bankruptcy are a stain on the integrity of the bankruptcy system. What should be done to better police the clear standards of disinterestedness and sanction misconduct?

$125.00
$125.00

ABI: Bankruptcy Issues Related to PPP Loans and Other Pandemic Governmental Lending Programs

$125.00
$125.00
Media: Video
Conference:
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