Over the past several years, lending to "Special Purpose Entities" or "Bankruptcy Remote Entities" has become more and more common, with documents including ever more creative terms intended to reduce the risk of a borrower filing for bankruptcy including This session will provide an update as to whether court's have enforced these bankruptcy risk mitigation provisions, especially in light of recent decisions relating to independent directors (In re 301 W. N. Ave. LLC, 2025 WL 37897 (Bankr. N.D. Ill. 2025)) and waivers of the automatic stay (In re DJK Enterprises LLC, 24-60126 (Bankr. S.D. Ill. 2025)).
Participants will learn about the most recent provisions of loan agreements and organizational documents that are intended to reduce a borrower's risk of filing for bankruptcy, and the most recent court decisions interpreting the documents.
Creditor
Employers often receive the wage orders when an employee files for bankruptcy. For the employer, it can be complex and challenging to understand all the various requirements in processing the automatic stay, implementing the wage withholding and sending the payments on to the Trustee's. In this session, you will hear insight, challenges and best practices when processing wage orders from employers and Trustees. Working together and open communication is key to a successful process.
Participants will better understand the challenges employers face in implementing wage orders. The relationship between the trustee and the employer are critical to ensuring the process is accurate and efficient.
Creditor
Suggested Speakers
Corrinne
Flores
corrinne.flores@adp.com
ADP, INC (employer service provider)
In high profile restructurings, managing public perception and crafting a go-forward narrative matters. This session explores how strategic communications play a critical role in mitigating reputational damage and preserving brand and estate value throughout the restructuring process, including positioning the company for success upon emergence.
We will explore the importance of:
- Developing a comprehensive communication strategy to address various stakeholders (employees, partners, media, etc.) and preserve enterprise value
- Being prepared to implement aspects of the strategy even before filing (given propensity for leaks) and during key moments of the process through emergence
- Communicating effectively to promote business objectives, shape public perception, support legal strategies, and stabilize key stakeholder relationships
- Proactively (and reactively) addressing misinformation, media inquiries and stakeholder concerns to protect the brand and franchise
- Learning from real-world examples of communication efforts in major bankruptcies
Participants will be able to understand:
- The role strategic communications play in preserving value of the brand and business, including keeping internal and external parties apprised and on side
- The importance of crafting clear, forthright, consistent and timely messaging
- The ways in which strategic communications can significantly influence the outcome of a restructuring process
This session will focus on key issues in a health care restructuring or bankruptcy from a creditor's point of view. It will address issues pertaining to both secured and unsecured creditors. Possible topics include: (1) understanding ways health care businesses are financed (receivables financing, municipal bond financing); (2) bankruptcy alternatives (receiverships, ABC, workouts); (3) DIP financing for health care businesses; (4) anticipating regulatory review; (5) issues concerning health care 363 sales; (6) issues facing committees in health care bankruptcy cases; and more.
The session will help attorneys who represent creditors understand some of the main issues their clients face with respect to distressed health care businesses and strategies for protecting their interests as the debtor goes through a Chapter 11 case.
Creditor
