There is no crystal ball into 2023 and beyond. In just the last three years, we have experienced a global pandemic, an active European war, raging inflation and a series of massive interest rate increases. The effects from these events have reverberated throughout the insolvency industry.
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 evolving 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.
Registration Desk Opens
Continental Breakfast
Sponsored by AlixPartners LLP
Conference Chairs’ Welcome
Judges’ Roundtable: Selected Current Topics
Judges from the Eastern and Southern Districts of New York and surrounding areas will provide their insights on projects that are underway, the extent to which “remote” hearings can or will continue, and other timely topics.
Refreshment Break
Concurrent Sessions (6)
Advanced DIP Topics
This panel will present a discussion of recent nonconsensual DIP financings, and take a look at some novel provisions that are becoming more common in DIP orders. The panelists will explore the current status of priming DIP financings/nonconsensual uses of cash collateral, and recent developments in DIP-financing orders, including limitations on the challenge period, large roll-ups, equity participations and "interim order creep."
Is There a Bankruptcy Common Law?
Certain judges have started to require that DIP orders waive any argument that the UCC cannot seek derivative standing to pursue claims on behalf of an LLC debtor. Is this trend rooted in bankruptcy common law? This panel will discuss this question and more.
International Alternative Forms to Chapter 11: Pros & Cons of Filing Outside of the U.S.
With the evolution of international bankruptcy law, is there still a case for chapter 11? Which jurisdictions have shown themselves to be more beneficial to certain parties in interest? This panel will cover these issues and more.
Third-Party Releases
This session will discuss recent decisions and developments regarding third-party releases, both internationally and domestically.
The “Restructuring Director”: A Critique and Response
Over the last decade, the “restructuring director” has emerged as a key new player in corporate restructurings. This panel will review the rise of the restructuring director, the role they play in restructurings, and the benefits they bring — along with the controversies they cause.
End of the Texas Two-Step? Impressions on LTL and Aero
This panel will examine the recent rise and possible fall of the Texas Two-Step, with a focus on the recent LTL and Aero decisions, as well as a discussion on good faith as a necessary aspect of a chapter 11 filing.
Refreshment Break
Repeat Concurrent Sessions (6)
Advanced DIP Topics
This panel will present a discussion of recent nonconsensual DIP financings, and take a look at some novel provisions that are becoming more common in DIP orders. The panelists will explore the current status of priming DIP financings/nonconsensual uses of cash collateral, and recent developments in DIP-financing orders, including limitations on the challenge period, large roll-ups, equity participations and "interim order creep."
Is There a Bankruptcy Common Law?
Certain judges have started to require that DIP orders waive any argument that the UCC cannot seek derivative standing to pursue claims on behalf of an LLC debtor. Is this trend rooted in bankruptcy common law? This panel will discuss this question and more.
International Alternative Forms to Chapter 11: Pros & Cons of Filing Outside of the U.S.
With the evolution of international bankruptcy law, is there still a case for chapter 11? Which jurisdictions have shown themselves to be more beneficial to certain parties in interest? This panel will cover these issues and more.
Third-Party Releases
This session will discuss recent decisions and developments regarding third-party releases, both internationally and domestically.
The “Restructuring Director”: A Critique and Response
Over the last decade, the “restructuring director” has emerged as a key new player in corporate restructurings. This panel will review the rise of the restructuring director, the role they play in restructurings, and the benefits they bring — along with the controversies they cause.
End of the Texas Two-Step? Impressions on LTL and Aero
This panel will examine the recent rise and possible fall of the Texas Two-Step, with a focus on the recent LTL and Aero decisions, as well as a discussion on good faith as a necessary aspect of a chapter 11 filing.
Buffet Lunch
Sponsored by Akin Gump Strauss Hauer & Feld LLP
Keynote Presentation
Meme Stock and Fiduciary Duty Implications
As trading volumes have expanded due to high-frequency trading and social media-fueled retail investing, this panel will discuss how distressed companies have taken advantage of this phenomena to sell equity. Is this likely to continue? What are the board responsibilities when a distressed/insolvent company is selling equity in the public market? What are the disclosure requirements? What are the repercussions if a chapter 11 filing occurs shortly after a public equity raise?
Break
Concurrent Sessions (6)
Recent Confirmation Issues
This panel will provide a review of recent confirmation issues, including reinstatement in a rising-interest-rate environment, cramdown and Till in a rising-interest-rate environment, the entitlement to or apportionment of the increased value of collateral, new versions of pre-disclosure-statement plan-commitment agreements, make-whole obligations as unmatured interest, solvent debtors and creditors’ entitlement to post-petition interest, and the evolution of equitable mootness.
Bank Issues
This panel will review and discuss recent bank issues in light of the recent failures of Silicon Valley Bank and Signature Bank, and the near-miss with First Republic.
Crypto Panel
Stunning failures across the crypto ecosystem have caused many to question the future of the industry and ask whether the crypto boom was purely fueled by speculation. Allegations of misfeasance at FTX and the interrelatedness of major industry participants create understandable questions, and business models have been shown to be flawed. This panel discussion will explain industry issues, unique bankruptcy challenges, and what the future of the crypto industry might look like.
Recent Topics in Ethics
This panel will discuss ethical considerations prior to filing, including the ethics of negotiating RSAs and pre-paying management incentive plans.
Subchapter V
With discussions ongoing in Washington, D.C., regarding increasing the cap for subchapter V filings, subchapter V filings are likely to continue to rise. What are the implications for the resulting cases if the cap does or doesn’t get raised?
Litigation Round-Up
This panel will discuss four topics of interest, paying particular attention to litigation strategy and tactics with respect to each. First, we will examine stays pending appeal, particularly stays pending appeals of confirmation orders, including the current state of equitable mootness law in the Second Circuit and elsewhere; when and how to move for a stay; whether and how to make a record at the confirmation hearing to support a later stay motion, and what to do about the bond requirement. Second, we will consider LTL and the standard for dismissal, as well as the importance of making an evidentiary record to support good faith and insolvency on filing. Third, we will consider challenges to the retention of professionals, particularly what standard should govern when a debtor seeks to retain lawyers, investment bankers and other professionals. Should it be the existence of “interests adverse to the estate” or “disinterestedness,” or some combination of the two? We will consider, among other cases, SAS and FTX. Finally, we will consider venue. What are the appropriate criteria that should be considered and relied upon by the debtor when choosing venue and by other parties in interest when challenging the debtor’s choice? How clear or blurry is the line between legitimate strategy and litigation tactics?
Refreshment Break
Repeat Concurrent Sessions (6)
Recent Confirmation Issues
This panel will provide a review of recent confirmation issues, including reinstatement in a rising-interest-rate environment, cramdown and Till in a rising-interest-rate environment, the entitlement to or apportionment of the increased value of collateral, new versions of pre-disclosure-statement plan-commitment agreements, make-whole obligations as unmatured interest, solvent debtors and creditors’ entitlement to post-petition interest, and the evolution of equitable mootness.
Bank Issues
This panel will review and discuss recent bank issues in light of the recent failures of Silicon Valley Bank and Signature Bank, and the near-miss with First Republic.
Crypto Panel
Stunning failures across the crypto ecosystem have caused many to question the future of the industry and ask whether the crypto boom was purely fueled by speculation. Allegations of misfeasance at FTX and the interrelatedness of major industry participants create understandable questions, and business models have been shown to be flawed. This panel discussion will explain industry issues, unique bankruptcy challenges, and what the future of the crypto industry might look like.
Recent Topics in Ethics
This panel will discuss ethical considerations prior to filing, including the ethics of negotiating RSAs and pre-paying management incentive plans.
Subchapter V
With discussions ongoing in Washington, D.C., regarding increasing the cap for subchapter V filings, subchapter V filings are likely to continue to rise. What are the implications for the resulting cases if the cap does or doesn’t get raised?
Litigation Round-Up
This panel will discuss four topics of interest, paying particular attention to litigation strategy and tactics with respect to each. First, we will examine stays pending appeal, particularly stays pending appeals of confirmation orders, including the current state of equitable mootness law in the Second Circuit and elsewhere; when and how to move for a stay; whether and how to make a record at the confirmation hearing to support a later stay motion, and what to do about the bond requirement. Second, we will consider LTL and the standard for dismissal, as well as the importance of making an evidentiary record to support good faith and insolvency on filing. Third, we will consider challenges to the retention of professionals, particularly what standard should govern when a debtor seeks to retain lawyers, investment bankers and other professionals. Should it be the existence of “interests adverse to the estate” or “disinterestedness,” or some combination of the two? We will consider, among other cases, SAS and FTX. Finally, we will consider venue. What are the appropriate criteria that should be considered and relied upon by the debtor when choosing venue and by other parties in interest when challenging the debtor’s choice? How clear or blurry is the line between legitimate strategy and litigation tactics?
Networking Reception
Sponsored by Dechert LLP
Conference Location
New York Hilton Midtown
1335 6th Ave.
New York, NY 10019
Conference Attire
Professional business attire is requested throughout the conference.
| Early (by 4/21/23) | Regular (4/22/23-5/23/23) | Onsite (after 5/23/23) | ||
| Conference 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* | $575 | $625 | $675 | |
| 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 the registration page. | ||||
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by May 3, 2023. No refunds will be granted after May 3, although substitutions will be allowed. After May 3, 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.
Conference Chairs
Conference Advisory Board
Approval for approximately 7.25 hours of CLE credit, including 1.25 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 8.70 hours of CLE credit, including 1.5 hours of ethics, are pending in 50-minute-hour states.
The American Bankruptcy Institute 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 for Group Live (live in-person) programs. State boards of accountancy have 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.learningmarket.org.
- Recommended CPE Credits and Field of Study: Specialized Knowledge, Behavioral Ethics
- Program attendees can earn up to 8.5 CPE credits.
- Prerequisites: none
- Advanced preparation: none
- Program Level: intermediate
- Delivery Method: Group Live
If recorded sessions are offered: CPE credit is available for live sessions only. CPE Credit is not available for recorded versions of live sessions.
How to request CPE credit: To request CPE credit for your participation (and obtain a certificate of completion), you will need to complete an ABI Attendance Affidavit. Attendance Affidavits are available at the end of the entire conference, after we have verified your attendance. To receive CPE credit, please click"+ Add Accrediting Agency" and select NASBA (National Association of State Boards of Accountancy).
NOTE: All attendees seeking CPE credit must sign in and sign out. You may only claim credit for sessions within the period between your sign-in and sign-out: credit will be adjusted or modified accordingly.
You will receive a personalized link to submit your Attendance Affidavit via email within 7 business days of the last day of the conference.
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].