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ABI Journal

Financial Advisors And Investment Banking Committee

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Managing estate funds and distributions has always required care, diligence, and a strong understanding of fiduciary duties.[1] But over the past decade, the global landscape has shifted in ways that have made these responsibilities significantly more complex and time-consuming.

The financial analysis required in bankruptcy proceedings has always been time-consuming and demanding.[1] Over a decade ago, I led the forensic investigation of a complex Ponzi scheme bankruptcy. Audits had failed, and the books were thoroughly cooked.

For nearly 20 years, insolvency estate professionals have utilized “remnant asset” sales as a prudent and efficient means to fully and finally administer estate assets, and thereby fulfill their fiduciary duty to maximize estate value for the benefit of creditors.[1] This simple practice, which has become commonplace in the restructuring industry, appl

Co-Chairs’ Corner

New Committee Leadership Members

The FAIB Leadership Committee is pleased to announce the addition of three new members. Yale Bogen will serve as Newsletter Editor, Alec Haesler is our Member Relations Director, and Jonathan Wernick is the Communications Director.

The last few years have seen an interesting array of cases addressing issues regarding interest rates in bankruptcy cases. [1] This article provides a summary update on whether (1) the solvent-debtor exception survives in determining the appropriate post-petition rate that must be applied to unimpaired claims under a chapter 11 plan, (2) the solve

The emergence and widespread adoption of cryptocurrencies has revolutionized the financial landscape and posed significant challenges to traditional accounting practices. The complexities of cryptocurrencies and their increasing involvement in the financial world have given rise to an additional dimension of concern: the intersection of cryptocurrency and bankruptcy proceedings.

The cryptocurrency industry is plagued with problematic investment opportunities. But while the historical values of cryptocurrency have demonstrated volatility, investors continue to be drawn to these investments in hopes of capitalizing on increasing value. However, cryptocurrency investments have lately been associated with fraudulent investment schemes.

In 2021 and continuing into 2022, the magnitude of SPAC deals was historic. While the number of announced SPAC deals slipped in 2022 (by as much as half) and the number of withdrawn SPACs increased, the initial wave of “busted SPACs” has started, and many are approaching deadlines to consummate business mergers or consider liquidation and restructuring alternatives.

A plan sponsor’s financial advisor sues the plan sponsor and reorganized debtor for payment of a success fee arising from a purported financing transaction that allegedly closed post-effective date. In what forum should the suit be resolved?

As subchapter V matters continue to become a meaningful part of an insolvency practice, lawyers and financial advisors should be aware of the nuances that can arise in such matters when they intersect with the more complicated areas of bankruptcy law.

This panel focuses on the critical role of strategic communications during large, high-profile bankruptcy cases. Using real-world examples, experts discuss the challenges of managing media narratives, stakeholder concerns and public perception in high-stakes scenarios. Topics include media relations, crisis communication strategies, and the importance of proactive storytelling to ensure a successful restructuring.

This panel will discuss the strategic use of valuation evidence throughout the life of a chapter 11 case, from financing and sale process to confirmation and fraudulent conveyance/other litigation.

The bankruptcy process requires the management of the bankruptcy estate’s bank accounts, client accounts and business records, in addition to the management and processing of claims, claim distributions, adequate assurance deposit accounts, asset recovery, and many other financial and legal demands. Each one of these is a point of business email compromise (BEC) vulnerability. BEC attacks are the most costly form of cyberfraud for all businesses. This session will focus on best practices to use to protect your clients and yourself from this pervasive fraud.

Tax Traps for Bankruptcy Attorneys

This panel focuses on material tax issues that every bankruptcy attorney should know that can impact both estate administration and bankruptcy plans. The panelists highlight issues that should be considered when a company is considering filing for bankruptcy or is in bankruptcy, such as tax attribute planning and preservation, management of COD income in connection with liability management transactions, “significant modification” of debt and how to minimize consequences, the considerations if the debtor is a partnership or a corporation, associated state tax issues, and key tax return compliance implications.

The Financial Advisor and Investment Banking Committee of the ABI presented its "Hot Topics and Prognostications for 2023" on February 25, 2023. From busted SPACs to heathcare to retail and real estate, the FAIB previewed issues that the restructuring community will necessarily address in the coming year. The FAIB also previewed its programming for 2023, which will cover such topics as cross-border disputes and litigation, tax issues for the non-tax professional, and myriad governance issues and considerations in the context of distress or conflict.

Heading into the pandemic, health care was a hot sector in the restructuring landscape. Economic stimulusfunding and a need for health care facilities to address the COVID-19 pandemic led to a slowdown inrestructuring in the sector. However, stimulus funds are now drying up, and health care organizations that were struggling operationally or financially heading into the pandemic are facing even more challenges.

This panel will explore the basics of blockchain — which is quickly becoming a major sector of the insolvency world — and its inevitable impact on bankruptcy cases.

Three cryptocurrency industry experts — a lawyer, a technical consultant and an investment banker — will cover the complexity of valuing cryptocurrency and provide their expert views on the cryptomarket’s volatility, both currently and going forward. The presenters will also offer their insights into the adoption of cryptocurrency in the U.S. and globally, and will address regulatory changes in banking as they relate to cryptocurrencies.

Hosted by the Asset Sales and Financial Advisors and Investment Banking Committees. FAs, IBs, RE advisors, attorneys: too many cooks in the kitchen? This panel will discuss the anatomy of the bankruptcy sales process and focus on optimizing value by drawing on the resource skills of attorneys, investment banks, financial advisors and real estate advisors.

Legal and Practical Issues Involving Secured Creditors and the Retention of Financial Advisors.

Howard A. Cohen

Howard A. Cohen

Co-Chair

Wilmington, PA

Fox Rothschild LLP

(302) 427-5507

Melissa Davis

Melissa Davis

Co-Chair

Fort Lauderdale, FL

KapilaMukamal, LLP

(954) 761-1011

Gabriel L. Olivera

Gabriel L. Olivera

Communications Manager

New York, NY

O'Melveny & Myers LLP

(212) 728-5827

Adam Meislik

Adam Meislik

Education Director

Irvine, CA

Force 10 Partners LLC

(949) 357-2359

Freddie Smithson

Freddie Smithson

Membership Relations Director

Delray Beach, FL

Strategic Liquidity Fund

(312) 513-4300

Yale Scott Bogen

Yale Scott Bogen

Newsletter Editor

New York, NY

Development Specialists, Inc.

(305) 374-2717

Ken R. Yager II

Ken R. Yager II

Special Projects Leader

Schaumburg, IL

Newpoint Advisors Corporation

(312) 656-9750

Amy A. Quackenboss

Amy A. Quackenboss

Executive Director

Alexandria, VA

American Bankruptcy Institute

(703) 739-0800

Karim Guirguis

Karim Guirguis

Staff

Alexandria, VA

American Bankruptcy Institute

(703) 739-0800

Chris S. Thackston

Chris S. Thackston

Staff

Alexandria, VA

American Bankruptcy Institute

(703) 739-0800

Carolyn M. Kanon

Carolyn M. Kanon

Staff

Alexandria, VA

American Bankruptcy Institute

(703) 739-0800

Jourdana Claibourn

Jourdana Claibourn

Staff

Alexandria, VA

American Bankruptcy Institute

(703) 739-0800

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