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
Conference Chairs’ Welcome
Big Stuff on Chapter 11 from the Second Circuit and Elsewhere
Refreshment Break
Sponsored by Getzler Henrich & Associates LLC, a Hilco Global Company
Concurrent Sessions (6)
Recent Developments in DIP Financing
This panel will explore recent developments and trends in DIP financing, including equity-linked DIP facilities, contingent second draws, case controls, an increase in priming fights, and increased chapter 7 conversions due to an increased unwillingness of DIP lenders to bail out chapter 11 debtors.
Recent Confirmation Issues
This panel will review recent confirmation and related issues, including tools being deployed in the confirmation process (such as the use of conditional disclosure statements, toggle plans and lock-ups/RSAs), equitable mootness in confirmation appeals, and the latest on releases and exculpation.
Restructuring Abroad vs. Plenary Chapter 11
This session will discuss the benefits and drawbacks of restructuring under chapter 11 as opposed to under a foreign restructuring scheme. The panelists include a restructuring lawyer who is familiar with the popular European restructuring schemes.
D&O Litigation and Coverage Issues in Bankruptcy: Voidable Clauses, Who Owns Policy Proceeds, and Who Can Assert Claims
This panel will discuss cutting-edge controversies and developments regarding the business-judgment rule, standing to bring claims, gatekeeper provisions, and D&O insurance policies, proceeds and ownership.
Recent Trends in Liability Management: Structuring and Jurisprudence
This panel will review recent trends in liability-management transactions, and will include a discussion of Judge Isgur’s recent decision in WesCo, which addressed the effects of “uptier” transactions.
Mass Confusion: Win, Lose or Draw, What's Next After the Supreme Court Rules?
This panel will analyze important bankruptcy matters that are pending before the Supreme Court, particularly Kaiser Gypsum and Purdue Pharma.
Refreshment Break
Repeat Concurrent Sessions (6)
Recent Developments in DIP Financing
This panel will explore recent developments and trends in DIP financing, including equity-linked DIP facilities, contingent second draws, case controls, an increase in priming fights, and increased chapter 7 conversions due to an increased unwillingness of DIP lenders to bail out chapter 11 debtors.
Recent Confirmation Issues
This panel will review recent confirmation and related issues, including tools being deployed in the confirmation process (such as the use of conditional disclosure statements, toggle plans and lock-ups/RSAs), equitable mootness in confirmation appeals, and the latest on releases and exculpation.
Restructuring Abroad vs. Plenary Chapter 11
This session will discuss the benefits and drawbacks of restructuring under chapter 11 as opposed to under a foreign restructuring scheme. The panelists include a restructuring lawyer who is familiar with the popular European restructuring schemes.
D&O Litigation and Coverage Issues in Bankruptcy: Voidable Clauses, Who Owns Policy Proceeds, and Who Can Assert Claims
This panel will discuss cutting-edge controversies and developments regarding the business-judgment rule, standing to bring claims, gatekeeper provisions, and D&O insurance policies, proceeds and ownership.
Recent Trends in Liability Management: Structuring and Jurisprudence
This panel will review recent trends in liability-management transactions, and will include a discussion of Judge Isgur’s recent decision in WesCo, which addressed the effects of “uptier” transactions.
Mass Confusion: Win, Lose or Draw, What's Next After the Supreme Court Rules?
This panel will analyze important bankruptcy matters that are pending before the Supreme Court, particularly Kaiser Gypsum and Purdue Pharma.
Luncheon Session: The Crypto Crash and Future Outlook
As the wave of cryptocurrency bankruptcies is coming to a conclusion, this panel will discuss what went wrong and the future of an industry “rife with abuses and fraud” (SEC Chair Gary Gensler, March 2024). Are there sustainable business models for crypto, or is it just a matter of time until the next crash?
Sponsored by Akin Gump Strauss Hauer & Feld LLP
Break
Concurrent Sessions (6)
Ethics Roundtable: Current Issues in Bankruptcy Practice
This panel will look at ethical considerations for lawyers and judges that arise in the context of bankruptcy proceedings, including the public interests at stake in large chapter 11 cases. This panel also will evaluate the ethical issues involved in the use of artificial intelligence and mass torts in bankruptcy, and will discuss recent cases and share best practices.
Legal and Practical Issues and Implications of Enforcing Judgments Inside and Outside of Bankruptcy
This panel will discuss and explore the legal bases and practical implications of enforcing a judgment in the context of a bankruptcy case and utilizing state law procedures and remedies. In the context of a bankruptcy case, the panelists will explore issues related to judgments that are nondischargeable or may be nondischargeable, relief from the automatic stay, foreign judgments and their interplay with chapter 15 proceedings, and judgments against nondebtor subsidiaries where assets of the debtor entities might be implicated. Outside of bankruptcy, the panelists will focus on the judgment enforcement mechanisms and tools that exist under New York law, as well as domesticating a foreign or federal court judgment from another state for enforcement in New York.
Private Credit Restructuring
This panel will address recent trends in private credit restructuring.
U.S. Trustee Hot-Button Issues
This panel will cover such topics as exculpation/opt-in, opt-out, as well as U.S. Trustee views on programmatic positions vs. litigating a case. The panelists will cover topics relating to fees, such as the role of a fee examiner, and nonestate professional fee requests. Attendees also will learn about the importance of sealing personally identifiable information — and how to do so.
BAPCPA and Legislative Fixes: 20 Years Later
This panel will discuss the wide-ranging changes to the Bankruptcy Code resulting from the 2005 amendments, and how they do and do not continue to affect bankruptcy practice today.
Litigation Round-Up
This panel will discuss a selection of cases that raise current substantive bankruptcy issues and litigation challenges, including how to convince a bankruptcy court to extend the automatic stay (or issue an injunction) to protect debtor-related (but nondebtor) entities from tort or other litigation that could interfere with the plan process (e.g., Robertshaw (S.D. Tex. 2024); Roman Catholic Diocese of Rockville Center (S.D.N.Y. 2023)); how best to present valuation evidence for unusual, complex and illiquid assets, including mortgage-backed securities, derivatives and crypto assets; and how to deal with evidentiary issues — particularly relating to damages — arising in “liability management” litigation. The panelists will conclude with a rapid-fire presentation of successful bankruptcy litigation tips.
Ice Cream Break
Sponsored by CSC
Repeat Concurrent Sessions (6)
Ethics Roundtable: Current Issues in Bankruptcy Practice
This panel will look at ethical considerations for lawyers and judges that arise in the context of bankruptcy proceedings, including the public interests at stake in large chapter 11 cases. This panel also will evaluate the ethical issues involved in the use of artificial intelligence and mass torts in bankruptcy, and will discuss recent cases and share best practices.
Legal and Practical Issues and Implications of Enforcing Judgments Inside and Outside of Bankruptcy
This panel will discuss and explore the legal bases and practical implications of enforcing a judgment in the context of a bankruptcy case and utilizing state law procedures and remedies. In the context of a bankruptcy case, the panelists will explore issues related to judgments that are nondischargeable or may be nondischargeable, relief from the automatic stay, foreign judgments and their interplay with chapter 15 proceedings, and judgments against nondebtor subsidiaries where assets of the debtor entities might be implicated. Outside of bankruptcy, the panelists will focus on the judgment enforcement mechanisms and tools that exist under New York law, as well as domesticating a foreign or federal court judgment from another state for enforcement in New York.
Private Credit Restructuring
This panel will address recent trends in private credit restructuring.
U.S. Trustee Hot-Button Issues
This panel will cover such topics as exculpation/opt-in, opt-out, as well as U.S. Trustee views on programmatic positions vs. litigating a case. The panelists will cover topics relating to fees, such as the role of a fee examiner, and nonestate professional fee requests. Attendees also will learn about the importance of sealing personally identifiable information — and how to do so.
BAPCPA and Legislative Fixes: 20 Years Later
This panel will discuss the wide-ranging changes to the Bankruptcy Code resulting from the 2005 amendments, and how they do and do not continue to affect bankruptcy practice today.
Litigation Round-Up
This panel will discuss a selection of cases that raise current substantive bankruptcy issues and litigation challenges, including how to convince a bankruptcy court to extend the automatic stay (or issue an injunction) to protect debtor-related (but nondebtor) entities from tort or other litigation that could interfere with the plan process (e.g., Robertshaw (S.D. Tex. 2024); Roman Catholic Diocese of Rockville Center (S.D.N.Y. 2023)); how best to present valuation evidence for unusual, complex and illiquid assets, including mortgage-backed securities, derivatives and crypto assets; and how to deal with evidentiary issues — particularly relating to damages — arising in “liability management” litigation. The panelists will conclude with a rapid-fire presentation of successful bankruptcy litigation tips.
Networking Reception
Sponsored by Cozen O'Connor
Hotel Address
New York Hilton Midtown
1335 6th Ave.
New York, NY 10019
Attire
Business attire is requested throughout the conference.
| Early (by 4/7/24) | Regular (4/8/24-5/7/24) | Onsite (after 5/8/24) | ||
| 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**: | $1,600 | |||
| ABI Member Secondary Exhibitor: | $500 | |||
| New ABI Member Exhibitor***: | $2,000 | |||
| 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 April 18, 2024. No refunds will be granted after April 18, although substitutions will be allowed. After April 18, 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.
Conference Chairs
Host Committee
Approval for approximately 7.25 hours of CLE credit, including 2.5 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 8.70 hours of CLE credit, including 3 hours of ethics, are pending in 50-minute-hour states.
The American Bar Association 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 and Behavioral Ethics
- Program attendees can earn up to 9 hours of CPE credit
- Prerequisites: There are no prerequisites
- Advanced preparation: None
- Program Level: Intermediate
- Delivery Method: Group Live
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.
* 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].