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Session Description
The prevalence of liability management exercises (LMEs) continues to grow as companies seek creative solutions to manage unsustainable capital structures. Majority creditor groups have a long list of options to choose from in order to put themselves in front of minority creditors – priming, uptiering, covenant stripping, drop-down transactions and more. But the track record for so-called lender-on-lender violence has been patchy at best, often serving as a precursor to bankruptcy, rather than a way to avert it.

Potential discussion points:
1) What are some key takeaways from recent litigation, and what could have been done differently?
2) How can minority/nonparticipating lenders best protect themselves via creditor cooperation agreements?
3) What are the implications of these transactions on valuations?
4) How have these transactions evolved, and what does the future of lender-on-lender violence hold?
Learning Outcomes
Attendees will gain an understanding of the current and future state of liability management exercises, including insights on litigation trends and updates on several recent key appeals.

Attendees will also learn about strategic approaches for creditors to effectively navigate these challenges and how lawyers can stay on top of these issues for their clients.

The session will provide projections for the distressed debt landscape in the upcoming year, equipping participants with knowledge to forecast opportunities that may arise.
Target Audience
Debtor
Suggested Speakers
John
Bringardner
john.bringardner@iongroup.com
First Name
Suezelle
Last Name
D'Costa
Email
s.dcosta@hawthornadvisors.com
Firm
Hawthorn Advisors
Session Description
The Supreme Court's June 2024 decision in Truck Insurance Exchange v. Kaiser Gypsum Company held that insurers qualified as "parties in interest" under Section 1109(b), entitling those insurers to object to a plan of reorganization. This landmark decision is likely to have far-ranging effects in the reorganization world and affect debtors and creditors committees alike. The ABI should host a panel examining the expected extent and impact of those effects, including that:
- debtors and creditors should prepare for the fact that insurance carriers will start getting a seat at the negotiating table;
- the insurance industry may view Truck as not merely granting a seat at the table, but also as an invitation to test the boundaries of its newly granted position;
- Truck presents an existential threat to the already-risky tack of chapter 11 plans' limiting director and officer liability to only insurance proceeds;
- insurance carriers will likely leverage Truck to urge courts in jurisdictions that deem insurance proceeds to be property of the estate to reexamine the status quo; and
- insurance carriers will begin to horse-trade for concessions in connection with first-day motions and debtors' purchasing tail coverage and run-off policies post-petition.
Learning Outcomes
Participants will gain knowledge and skills vital to negotiating insurance-related issues in bankruptcy, such as:
- traps for the unwary in attempting to limit liability in chapter 11 plans to only insurance proceeds;
- how to maximize or minimize Truck's reach in their next plan negotiation, depending on whether their goal is to tout or downplay its effects; and
- how to navigate coverage issues if insurance carriers are granted a seat at the table during their next plan negotiation.
Target Audience
Debtor
Suggested Speakers
Brandon
Lewis
blewis@reidcollins.com
First Name
Brandon
Last Name
Lewis
Email
blewis@reidcollins.com
Firm
Reid Collins & Tsai LLP
Session Description
Nardello & Co. is the only Band 1 ranked investigations firm in the United States, whose experts have worked on some of the highest profile and most complex bankruptcy cases of the past decade. This includes recovering assets on behalf of investors following the collapse of FTX and assisting Sandy Hook families as creditors in the bankruptcy of InfoWars creator Alex Jones. The purpose of the session would be to discuss how investigative firms can serve a unique role bankruptcies and insolvencies. Specific topic areas would be uncovering fraud and malfeasance that have collapsed companies, tracing and recovering assets, digital investigations and cryptocurrency tracing, supporting litigation to clawback funds and performing due diligence on bidders of debtor assets to make sure that they have the necessarily wherewithal and don’t present compliance issues. The panelists will share novel and practical perspectives on how to approach these issues, drawing on Nardello & Co.’s investigative expertise in recent insolvency matters and global presence. Participants will learn when and how to utilize investigative firms to assist their clients, whether they are corporate debtors or creditors committees. Nardello & Co. would bring in Lawyers who worked on these cases or similar, to speak on panel, if desired.
Target Audience
Business
Suggested Speakers
Howard
Master
hmaster@nardelloandco.com
First Name
Meredith
Last Name
Allesee
Email
mallesee@nardelloandco.com
Firm
Nardello & Co.
Session Description
A corny idea clearly inspired by the NPR show “Wait, Wait; Don’t Tell Me!” The format could include any of that show’s components, including audience polls about which of several possible alternatives correctly answers a short privilege question, with an explanation from the panel. It can be as basis or as complicated as folks think would work, and could be based on actual opinions. There’s a lot to work with here, and it could be fun. I did suggest this idea to NCBJ about 15 years ago, but I don’t think they ever presented it, at least not in the context of privileges. It could easily apply to consumer and commercial practitioners, so I am deliberately not selecting a single target audience.
Suggested Categories
Learning Outcomes
This session will sharpen your skills in identifying and correctly applying applicable privileges (some basic, some more complicated) in a variety of bankruptcy litigation contexts. The program will include privilege issues common to both consumer and commercial practice.
Target Audience
Other
First Name
Bruce
Last Name
Harwood
Email
bruce_harwood@nhb.uscourts.gov
Firm
US Bankruptcy Court (D NH)
Session Description
The focus of the panel would be to identify uniquely Canadian distressed deal structures and litigation techniques that could be imported to the American restructuring practice. Would cover developments from coast to coast by including at least 3 Canadian practitioners from the West Coast, Central Canada and Quebec would be selected once the audience was determined. For example key points would be: could you get a reverse vesting order under Chapter 11?
Learning Outcomes
Practictioners will learn new techniques and strategies unique to Canada.
Target Audience
Business
First Name
Natasha
Last Name
MacParland
Email
nmacparland@dwpv.com
Firm
Davies Ward Phillips & Vineberg LLP
Session Description
Valuation of assets, machinery and equipment, is an important part of the bankruptcy process. Monetization of assets, securing of creditor rights depends on accurate valuation of assets, and this session will detail how to find, retain, and manage outside appraisers to properly value the assets.
Learning Outcomes
Learn how to effectively and efficiently manage the valuation/appraisal process to maximize recoveries and provide accurate asset valuation.
Target Audience
Creditor
Suggested Speakers
Christopher
Nugent
chris.nugent@bcamasset.com
First Name
Christopher
Last Name
Nugent
Email
chris.nugent@bcamasset.com
Firm
Bluechip Asset Management
Session Description
Recent decisions following challenges to liability management exercises and how documents have changed as a result.
Target Audience
Creditor
First Name
Gabriel
Last Name
Sasson
Email
gabesasson@paulhastings.com
Firm
Paul Hastings

Bankruptcy Court Approves Camden Diocese’s $87.5M Plan for Abuse Victims

Submitted by jhartgen@abi.org on

Almost three-and-one-half years after the Catholic Diocese of Camden, New Jersey filed for bankruptcy citing financial effects from the pandemic and sexual abuse settlements, its chapter 11 reorganization plan has been approved, according to the Insurance Journal. The final plan, the ninth amended proposal, establishes an $87.5 million trust to compensate about 324 survivors of sexual abuse within the diocese. The trust will be funded with $87.5 million from the diocese and related Catholic entities. Insurance policies turned over to the diocese will contribute $30 million. Bankruptcy Judge Jerrold N. Poslusny, Jr., in Camden, approved the plan that allows the diocese to pay into the trust over five years and keep operating so it can pay creditors. The settlement also requires the church to maintain and enhance protocols for the protection of children that were first implemented in 2002.

FTX Bankruptcy Trade Mints 200% Windfall and Sparks Legal Battle

Submitted by jhartgen@abi.org on

The profits were multiplying at a dizzying clip: 50%, 100%, then suddenly almost 200%. Even for long-time veterans at Attestor Ltd., a boutique London firm that specializes in trading distressed assets, this had the makings of a score to remember, Bloomberg News reported. The trade — targeting the remains of Sam Bankman-Fried’s once-vast cryptocurrency empire — became a popular one in distressed investing circles last year. Many of Attestor’s rivals jumped in, too, and as the value of crypto coins skyrocketed once again, so did the value of the assets they had purchased at rock-bottom prices from clients of Bankman-Fried’s, desperate to recoup whatever they could. Lawyers running the bankruptcy now estimate the clean-up will deliver investors 100% of the money frozen in FTX when it failed. But this is where the story gets messy for Attestor — and its grip on a chunk of that windfall becomes a bit fragile. The seller of one of the biggest FTX accounts it purchased — an obscure Panamanian firm called Lemma Technologies that’s controlled by an embattled South Korean trader — has opted, so far at least, to keep the claim for itself. Attestor’s lawyers have argued in a New York court that this is a clear case of “seller’s remorse.” Over the years, other bankruptcies have brought handsome returns, but rarely, if ever, so rapidly. Back in June, Lemma agreed to a sell price of $58 million, according to evidence submitted to the court. Today, the claim is expected to pay out $165 million.