Bankruptcy Process and Procedure

The Role of Investigations in a Bankruptcy 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. Business Suggested Speakers Meredith Allesee mallesee@nardelloandco.com Nardello & Co.

Circuit Bankruptcy Judges There are three Bankruptcy Judges that moved up to be Circuit Court Judges. Judge Ambro was a hit at ASM and has indicated he would love to speak more at ABI events. Having a discussions with the all 3 Circuit Court judges that started as Bankruptcy Judges (understanding that Judge Ambro was only a bankruptcy lawyer, not a Judge), would be very interesting. Hear their different perspectives of appeals, how they view SCOTUS decisions on bankruptcy issues, and how their fellow Circuit Court Judges rely on them on bankruptcy appeals. This sessions would given bankruptcy practitioners insight into how Circuit judges with bankruptcy experience view appeals and bankruptcy law in general. Business Chris Ward cward@polsinelli.com Polsinelli

the Pitfalls of Merchant Cash Advances Describing the nature of the loans, how they are marketed and the scope of their usage in the marketplace. Addressing legal strategies on how to debtor's and other creditors can use the bankruptcy process to curb the abuses of these lenders. Debtor Suggested Speakers Scott Williams swilliams@rumberger.com RumbergerKirk

Article 9 Sales Because bankruptcy attorneys are being asked to find non-bankruptcy solutions more and more, to avoid the expense of full-blown bankruptcy, I would love to develop competencies in areas just adjacent to our normal practice area.

Article 9 sales are one area that are so close. I would love to know more. From understanding the goals of private equity/private finance to understanding the nuts and bolts of service requirements, potential litigation tactics that may come in to play after the fact with creditors, to traps for the unwary, I think there is a lot to cover here. Business Jennifer McLemore jmclemore@williamsmullen.com Williams Mullen

Drafting orders: Best practices We use lots of court approved “form” orders in the Central District of California. But here is a wide variance of opinion among the judges and the attorneys about the proper form of custom orders.

As a side note, many folks still stick “findings of fact and conclusions of law” into orders. That’s a bad habit.

If you need some help, I could put together a program with three judges. Maybe the Hon. Dan Collins, a judge from the Central District of California (maybe Hon. S. Bluebond, Hon. S. Klein, or the Hon. V. Zurzolo), and a judge to be named later. Judge Zurzolo is not often on panels, but he has strong opinions about procedure. I have done panels will all of the named judges.

Blocking and tackling, but well suited to the winter leadership format. Business Suggested Speakers J. Scott Bovitz bovitz@bovitz-spitzer.com Bovitz & Spitzer

The Perils of Late Filed Claims (or even worse, when no claim filed at all) Many creditors are not filing claims by the claims bar date. This puts debtors in a tough situation especially if the claim filed late (or not filed at all) is for a secured claim such as a house or car. Some courts are reluctant to allow a late filed claim citing limitations of rule 9006. So what can a debtor or creditor do to get a late filed claim (or no filed claim) paid? To discuss why in the post Covid era many creditors are not filing proofs of claims timely and discuss possible solutions. Creditor Suggested Speakers Keith Rucinski Krucinski@ch13akron.com Office of the Chapter 13 Trustee (Akron, Ohio)

History of Rule Making: Restyling Project and How to be a Changemaker I think to flush this out, I need to speak with someone so explain the angle. The bankruptcy rules have just been restyled and the history and process are very interesting. Also it could be discussed how rulemaking works and how to submit your suggestions for rule changes and the time line etc. It could also be discussed what is currently in the pipeline and maybe even do some polling. I am currently on the Advisory Committee on Bankruptcy Rules and some interesting things are going on. The topic would be a good plenary session and apply to both consumer and business. While it does not fit a particular practice area, the conversation could directed to all practictioners. Other Suggested Speakers Nancy Whaley nwhaley@njwtrustee.com Nancy Whaley Chapter 12 and 13 Trustee

Valuable topics on meaningful themes for legal professionals that all enhance staff engagement, performance, and well-being as well as effective collaboration with the wide variety of stakeholders that legal professionals have to partner with- see below Mindfulness and stress-reduction
The power of positivity and mental fitness
Understanding, reducing, and managing bias
Effectively managing change and uncertainty
Keys to strengthen your emotional intelligence
Conflict management in the workplace and beyond
Performance management conversations and feedback
Facilitating meaningful conversations on sensitive topics
Understanding and strengthening strategic thinking skills
Appreciating differences – building a neuro-inclusive workplace
Understanding and handling self-doubt and imposter phenomenon All the suggested topics enhance staff engagement, performance, and well-being as well as effective collaboration with the wide variety of stakeholders that legal professionals have to partner with. I'd be honored and happy to send specific learning outcomes for specific topics that are of interest to ABI. Business Suggested Speakers Carolien Moors cpmoors@gmail.com HardTalk Biz Coaching

Health Care Bankruptcy & Restructuring for Creditors 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 Suggested Speakers Jeffrey Fuller jfuller@bloombergindustry.com Bloomberg Industry Group

Investing in litigation finance: A growing alternative asset class Litigation poses a unique challenge for insolvent, distressed or cash-poor claimants—but high-value claims can be among their most valuable assets. Legal finance allows stakeholders to pursue valuable claims that otherwise may have to be abandoned or settled—thus maximizing recoveries for debtors and for creditors. A legal finance provider can monetize claims for companies in reorganization, fund liquidations or litigation trusts, provide capital to law firms or insolvency practitioners to pursue matters taken on risk and finance inter-creditor disputes.

Litigation finance has become a common and integral aspect of discussions surrounding corporate restructuring. It enables the financing and monetization of litigation rights, treating them as valuable assets that can unlock the value of estate assets for creditors and shareholders. As a result, litigation finance deals are now recognized as a significant alternative investment asset class, offering relatively high and uncorrelated rates of returns. However, it is important to note that investing in legal finance carries its own set of risks.
Presentation provides an overview as well as a deeper dive into current trends and considerations in the litigation finance field, including different forms of funding, what funders look for when evaluating a case for investment and key consideration for those seeking funding. Business Suggested Speakers Christina Madden cmadden@burfordcapital.com Burford Capital