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ABI Journal

Business Reorganization

Strategic Communications in High-Stakes Restructurings

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.

Co-Chairs’ Corner: Year in Review

The Business Reorganization Committee had a busy and successful 2024, and we are already looking forward to another great year in 2025.

Over the past year, committee members took advantage of the many benefits afforded them, including the committee’s newsletters, podcast, webinars and educational programs. We have big plans for 2025, and we thank our committee members and leadership for their support and continued participation.

Ciara L. Rogers: A Legacy of Service, Empathy and Entrepreneurial Spirit

Editor’s Note: In honor of Black History Month, the Business Reorganization Committee interviewed Ciara Rogers, a partner with Waldrep Wall Babcock & Bailey, PLLC in Raleigh, N.C.

Ciara Rogers

Challenges and Successes of a Liquidating Trustee

In 2022, following a downturn in travel related to the COVID-19 pandemic, a regional airline filed for bankruptcy in Delaware. In the following months, pursuant to the plan, Chris Tierney was appointed as liquidating trustee, and Steven Jackson was brought in to handle the day-to-day operations. Over the next two years, we worked through many challenges and ultimately made our final distributions to creditors at the end of 2024.

When the Creditor Becomes the Debtor: Consumer Lenders in Bankruptcy and the Impact on Borrowers

This panel will discuss the impact on consumers, and consumer bankruptcy cases, when a consumer lender or loan-servicer files for chapter 11.

The Subchapter V Debt Limit: Where Do Small Business Debtors Go from Here?

The increased debt limit applicable to subchapter V cases expired in June 2024. This webinar, hosted by ABI's Business Reorganization and Legislation Committees, will examine the effects of the increased debt limit's expiration, where small business debtors and their attorneys can go from here, best practices and potential workarounds, prospects for further congressional action and more.

Beware the Limits of Federal Rule of Evidence 408: “Confidential Settlement Communications” in One Matter May Not Be in Another

Lawyers often prominently designate a letter or e-mail communication as a “Rule 408 Protected Settlement Communication” that is “inadmissible” as evidence. That label will be in bold and italicized, maybe in all caps, for emphasis. Similarly, at the beginning of a telephone, virtual or in-person meeting, an announcement that it is a “Rule 408 Settlement Conference” may be uttered and met with general agreement.

Consent in a Post-Purdue World

In the wake of the U.S. Supreme Court’s Harrington v. Purdue Pharma L.P[1] decision definitively doing away with nonconsensual third-party releases, courts and practitioners alike have been struggling with the meaning of “consensual” in the context of such releases. One such jurist is the Hon. Craig Goldblatt of the U.S. Bankruptcy Court for the District of Delaware, who tackled the issue in the recent In re Smallhold Inc[2] decision.