With the new realities brought about by the COVID-19 pandemic, insolvency and restructuring professionals are being tested to find solutions amid the rising challenges of today’s business environment.
The ABI New York City Bankruptcy Conference, one of ABI’s largest and most prestigious events — and one of the most significant gatherings of insolvency and restructuring professionals in the New York metro area — is the place to hear from the best and learn practical techniques and tips for meeting the challenges of today’s insolvency landscape.
Participating in this advanced-level educational forum, designed especially for experienced insolvency professionals, will provide you with invaluable opportunities to connect with the industry’s leading experts. Its expanded workshop format — each of the six concurrent breakout sessions will be presented twice with different panelists, offering attendees expanded points of view on the same topics — allows for spirited exchanges between panelists and attendees, and lets you customize your learning experience. Sample up to four concurrent sessions, or dig deeper into two concentrated subjects!
Register today to be a part of this event.
*Speakers subject to change
Registration Desk Opens
Continental Breakfast
Sponsored by AlixPartners LLP
Conference Chairs’ Welcome
Judges’ Roundtable: Selected Current Topics
This roundtable will provide updates from the Eastern and Southern Districts of New York (and surrounding areas) about court rules and practices, and discuss topics of general interest to the bar.
Refreshment Break
Sponsored by Getzler Henrich/Hilco and Skadden, Arps, Slate, Meagher & Flom LLLP
Concurrent Sessions (6)
Mediation in Large Cases
This panel will discuss mediation as a pathway to case-resolution; mediation advantages and pitfalls; mediation privilege and disclosure; who should be invited to a mediation; and whether a sitting judge, former judge or trained mediator is the best person to lead a mediation. They will also share lessons learned from previous mediations in large cases.
Bankruptcy Litigation Panel
This panel will first discuss lessons learned from the extensive litigation over the past few years on “drop-down” and “up-tier” restructuring transactions in such cases as Murray Energy, Serta Simmons, TriMark, Boardriders, iHeart, La Paloma and White Box v. Trans Ocean. Next, we will examine some recent developments in fraudulent conveyance litigation, including challenges to transfers made in “Texas two-step” mergers (e.g., J&J); establishing fraudulent intent (Tribune); and recovering from subsequent transferees (e.g., Giant Gray; Madoff). Finally, we will discuss developments on equitable mootness, which continues to be litigated with differing results around the country.
Update on Topical Issues in Bankruptcy
This panel will cover makewholes, including an examination of Hertz and Ultra, a comparison of Second, Third and Fifth Circuit precedents and the recent makewhole premium dispute in Mallinckrodt; and structured dismissals in bankruptcy post-Jevic, including In re KG Winddown, Forever 21, Basic Energy and more.
Recent Confirmation Developments
This panel will discuss Code impairment and post-petition interest, provide an update on gerrymandering (including a examination of Consolidated Land Holdings LLC), and review third-party releases and the different outcomes that have occurred in different circuits.
Impacts of the Global Pandemic on Valuation: “An Invitation for a Fight”
As bankruptcy became a reality for many companies during the pandemic, valuation became a key question. In September 2020, Bloomberg commented, “Pinning a dollar value on a bankrupt enterprise is hard in the best of times. During a pandemic, it’s an invitation for a fight.” This session will discuss approaches to valuation in periods of volatility and business disruption, and how courts have dealt with the ensuing disputes.
DIP Financing
This panel will cover convertible DIPs (LatAm, AeroMexico and Avianca) and sub rosa plans through DIPs. The panel will also discuss post-petition financing issues and protections for secured lenders, including how adequate protection is meant to work, and the ways in which judges are deploying it.
Refreshment Break
Repeat Concurrent Sessions (6)
Mediation in Large Cases
This panel will discuss mediation as a pathway to case-resolution; mediation advantages and pitfalls; mediation privilege and disclosure; who should be invited to a mediation; and whether a sitting judge, former judge or trained mediator is the best person to lead a mediation. They will also share lessons learned from previous mediations in large cases.
Bankruptcy Litigation Panel
This panel will first discuss lessons learned from the extensive litigation over the past few years on “drop-down” and “up-tier” restructuring transactions in such cases as Murray Energy, Serta Simmons, TriMark, Boardriders, iHeart, La Paloma and White Box v. Trans Ocean. Next, we will examine some recent developments in fraudulent conveyance litigation, including challenges to transfers made in “Texas two-step” mergers (e.g., J&J); establishing fraudulent intent (Tribune); and recovering from subsequent transferees (e.g., Giant Gray; Madoff). Finally, we will discuss developments on equitable mootness, which continues to be litigated with differing results around the country.
Update on Topical Issues in Bankruptcy
This panel will cover makewholes, including an examination of Hertz and Ultra, a comparison of Second, Third and Fifth Circuit precedents and the recent makewhole premium dispute in Mallinckrodt; and structured dismissals in bankruptcy post-Jevic, including In re KG Winddown, Forever 21, Basic Energy and more.
Recent Confirmation Developments
This panel will discuss Code impairment and post-petition interest, provide an update on gerrymandering (including a examination of Consolidated Land Holdings LLC), and review third-party releases and the different outcomes that have occurred in different circuits.
Impacts of the Global Pandemic on Valuation: “An Invitation for a Fight”
As bankruptcy became a reality for many companies during the pandemic, valuation became a key question. In September 2020, Bloomberg commented, “Pinning a dollar value on a bankrupt enterprise is hard in the best of times. During a pandemic, it’s an invitation for a fight.” This session will discuss approaches to valuation in periods of volatility and business disruption, and how courts have dealt with the ensuing disputes.
DIP Financing
This panel will cover convertible DIPs (LatAm, AeroMexico and Avianca) and sub rosa plans through DIPs. The panel will also discuss post-petition financing issues and protections for secured lenders, including how adequate protection is meant to work, and the ways in which judges are deploying it.
Buffet Lunch
Sponsored by Grant Thornton LLP
Plenary Session
The State of the Economy and Opportunities for Distressed Investors
Despite the headwinds created by the global pandemic, economic activity has been in full swing. Economic growth during the pandemic generally surpassed expectations, with favorable lending conditions and consumers and businesses maintaining a surprising level of activity. The enormous legislative response to the pandemic was responsible for the strength of the economy, but labor shortages, supply disruption and inflation have become real concerns. The Russian invasion into Ukraine in February has only exacerbated these risks. Given this backdrop, this panel of distinguished investors will discuss the state of distressed investing, including where they currently see opportunities, their thoughts on the credit cycle, and what might drive the next wave of defaults.
Concurrent Sessions (6)
Corporate Governance in Distressed Situations, Including the Role of Sponsors and Senior Management
This panel will address issues related to corporate governance in distressed situations. The discussion will include the interplay between corporate governance and sponsor action, considerations regarding independent directors, and the ongoing debate on the role of employee compensation plans in bankruptcy.
Ethics Panel
This panel will look at ethical issues that arise in the context of bankruptcy proceedings, including protecting common interest privilege and retaining and compensating professionals. Panelists will discuss recent cases and share best practices.
Cross-Border Bankruptcy Issues
This panel will cover developments in cross-border restructurings, including the increasing trend in chapter 11 filings by international companies and resulting jurisdictional issues, the rollout of the EU directive and its impact on the international restructuring landscape, and potential challenges to recognition of a U.K. Part 26(A) “Super Scheme" in the U.S. Additional developments in chapter 15 case law will also be discussed.
Mass-Tort Cases: Recurring Issues
This panel will discuss recurring issues related to mass tort cases, including the automatic stay, third-party releases (Sun Edision, Midway Gold, Purdue), venue-selection and estimation. The panelists will also offer an analysis of such key recurring issues as the use and propriety of bankruptcy for solvent debtors, and bankruptcy abuse vs. bankruptcy planning.
Revisiting Bad-Faith Filings: Exiting Chapter 11
This panel will discuss improper purposes and the use of chapter 11 (NRA and Stream TV Networks, Inc.), analyze chapter 11 issues in liquidating cases, and cover what attorneys and other professionals need to know when preparing chapter 11 liquidation plans.
Anatomy of a Hundred-Cent Case: Deconstructing Hertz and Garrett Motion
Last year, two very different cases achieved substantial returns to equityholders: Hertz and Garrett Motion. This panel will review how Hertz and Garrett Motion were able to achieve this result, including the circumstances that brought these companies to chapter 11 and the value-maximization strategies employed, the auction processes in each case, and how future tort claims were valued. The panel will also hold a broader discussion regarding the financial advisor’s role in the chapter 11 process from inception to exit.
Refreshment Break
Sponsored by CR3 Partners, LLC
Repeat Concurrent Sessions (6)
Corporate Governance in Distressed Situations, Including the Role of Sponsors and Senior Management
This panel will address issues related to corporate governance in distressed situations. The discussion will include the interplay between corporate governance and sponsor action, considerations regarding independent directors, and the ongoing debate on the role of employee compensation plans in bankruptcy.
Ethics Panel
This panel will look at ethical issues that arise in the context of bankruptcy proceedings, including protecting common interest privilege and retaining and compensating professionals. Panelists will discuss recent cases and share best practices.
Cross-Border Bankruptcy Issues
This panel will cover developments in cross-border restructurings, including the increasing trend in chapter 11 filings by international companies and resulting jurisdictional issues, the rollout of the EU directive and its impact on the international restructuring landscape, and potential challenges to recognition of a U.K. Part 26(A) “Super Scheme" in the U.S. Additional developments in chapter 15 case law will also be discussed.
Mass-Tort Cases: Recurring Issues
This panel will discuss recurring issues related to mass tort cases, including the automatic stay, third-party releases (Sun Edision, Midway Gold, Purdue), venue-selection and estimation. The panelists will also offer an analysis of such key recurring issues as the use and propriety of bankruptcy for solvent debtors, and bankruptcy abuse vs. bankruptcy planning.
Revisiting Bad-Faith Filings: Exiting Chapter 11
This panel will discuss improper purposes and the use of chapter 11 (NRA and Stream TV Networks, Inc.), analyze chapter 11 issues in liquidating cases, and cover what attorneys and other professionals need to know when preparing chapter 11 liquidation plans.
Anatomy of a Hundred-Cent Case: Deconstructing Hertz and Garrett Motion
Last year, two very different cases achieved substantial returns to equityholders: Hertz and Garrett Motion. This panel will review how Hertz and Garrett Motion were able to achieve this result, including the circumstances that brought these companies to chapter 11 and the value-maximization strategies employed, the auction processes in each case, and how future tort claims were valued. The panel will also hold a broader discussion regarding the financial advisor’s role in the chapter 11 process from inception to exit.
Adjourn
Networking Reception
Sponsored by Akin Gump Strauss Hauer & Feld
Hotel Accommodations
Located in Midtown Manhattan within blocks of Central Park, Times Square, the Theatre District, Fifth Avenue shopping, MOMA and so much more, the New York Hilton Midtown is the perfect host hotel for this program. ABI has negotiated a special conference rate of $269 single/double per night from June 9-10, 2022, at the New York Hilton Midtown (reservations must be made by May 9, 2022, to secure this special rate). Please call (212) 586-7000 to make your reservations. Reservations may be made only once you have registered with ABI. Be sure to identify yourself with the conference to obtain the special conference rate. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled.
Conference Attire
Professional business attire is requested throughout the conference.
| Early (by 5/6/22) | Regular (5/7/22-5/27/22) | Late (after 5/27/22) | ||
| Rates* | ||||
| ABI Member | $795 | $845 | $945 | |
| Join ABI and Save!* | $1,195 | $1,245 | $1,345 | |
| Non-Member | $1,220 | $1,270 | $1,370 | |
| Gov’t./Aca./Nonprofit ABI Member | $450 | $500 | $550 | |
| Gov’t./Aca./Nonprofit New ABI Member* | $550 | $600 | $650 | |
| Registration rates include all sessions, continental breakfast, luncheon presentation, all refreshment breaks and educational materials. | ||||
| * Includes a one-year membership for first-time members only — a $425 value! Membership is individual and nonrefundable. Expired members should select the member rate and add in the membership-renewal fee on the registration page. | ||||
| Exhibitor Rates | ||||
| ABI Member Exhibitor**: | $2,000 | |||
| ABI Member Secondary Exhibitor: | $500 | |||
| New ABI Member Exhibitor***: | $2,400 | |||
| New ABI Member Secondary Exhibitor***: | $900 | |||
| ** Includes one 6’ table and full registration for one booth representative. | ||||
| *** Includes one 6’ table, full registration for one booth representative AND a one-year membership for first-time members only — a $425 value! Membership is individual and nonrefundable. Expired members should select the member rate and add in the membership-renewal fee on this form. | ||||
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by May 20, 2022. No refunds will be granted after May 20, although substitutions will be allowed. After May 20, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the canceling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Anti-Harassment Policy
The American Bankruptcy Institute is dedicated to providing a harassment-free conference experience for everyone, regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, age or religion. We do not tolerate harassment of conference participants in any form. Sexual language and imagery are not appropriate for any conference venue, including talks. Conference participants violating these rules may be sanctioned or expelled from the conference without a refund at the discretion of the conference organizers. Our anti-harassment policy can be found at https://www.abi.org/about-us/bylaws-and-policies.
ABI’s COVID-19 Policy
As the COVID-19 landscape continues to evolve, so too must ABI’s safety policies for in-person events. ABI’s priority for all conferences and events is the safety and welfare of our attendees, partners and team. For the ABI Events, we are requiring that in-person attendees show proof of a negative COVID-19 test taken no more than two days (48 hours) prior to arrival. In lieu of testing, attendees can upload their vaccination card to show that they are fully vaccinated against COVID-19 (as defined by the CDC) in order to gain admittance to the program. This decision was made in consultation with ABI leadership and is based on guidance issued by the federal Centers for Disease Control and Prevention (CDC) and other public health authorities. It is also consistent with the policies of many of our member firms and other associations nationwide.
Conference Chairs
Conference Advisory Board
Continuing Education Credit*
Approval for approximately 7.5 hours of CLE credit, including 1.25 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 9 hours of CLE credit, including 1.5 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. California MCLE: ABI certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 7.5 hours, of which 1.25 hours will apply to legal ethics. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 9 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement.
9 hours of CPE credit, including 1.5 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in insolvency matters (pursuant to the “Statement on Standards for CPE Programs” established by AICPA and NASBA). ABI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State Boards of Accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website, www.nasbaregistry.org. For more information regarding administrative policies such as complaints and refunds, please contact the American Bankruptcy Institute at (703) 739-0800.
ABI acknowledges that in some instances there will be persons who need to attend an educational seminar for CLE credit who are not able to pay full registration fees. ABI will handle such instances on a case-by-case basis and will work with the individual on alternative solutions. For persons who cannot meet the full registration rate, ABI will offer a reduced rate based on what the individual can reasonably afford to cover the cost of meals and materials. For persons unable to pay a reduced rate, we may allow the individual to work at our registration area for a few hours during attendee check-in, or assist in conference set-up. ABI also has reduced rates for government employees, professors, law clerks and students. For information on tuition assistance, e-mail [email protected].