Bankruptcy Process and Procedure

Venue Drivers

What are the driving issues that make potential debtors and lenders chose a venue. I know that it might be the attraction of a “rocket-docket” but there are other issues that historically have been part of the decision: 1) union contract issues, 2) stub-rent issues, 3rd party nonconsensual releases. Business Judge Thorne by Harner Judge_Harner@mdb.uscourts.gov US Bankruptcy Court

Subchapter V Plan Confirmation Issues

Creditor apathy and policies of government agencies to not vote on chapter 11 or subchapter V plans can pose a real issue for a chapter V debtor trying to achieve a consensual plan. Practical and policy issues should be explored. Other Judge Oldshue by Harner Judge_Harner@mdb.uscourts.gov US Bankruptcy Court

Great Debates Topic: "Resolved, a creditors committee has the unconditional right to intervene in an adversary proceeding."

There is a clear split of authority on this issue, with the First, Second, and Third Circuits in the majority, and the Fifth Circuit (and me) in the minority. See In re Bal Harbour Quarzo, LLC, 638 B.R. 660 (Bankr. S.D. Fla. 2022). Attendees will hear arguments on both sides of this issue, including policy and practical concerns raised by each position. Business Suggested Speakers Scott Grossman smgrossman@flsb.uscourts.gov U.S. Bankruptcy Court, Southern District of Florida

The Supreme Court's Decision in Purdue: Now What?

I know that we have had too much on Purdue, torts, and non-consensual releases but the Supreme Court might rule around the time ASM takes place. If there is a very new ruling, we might want to consider having an impromptu panel to discuss the result. For example, third party releases are no longer permissible, now what do we do, or, third parties release are permissible but only if x, y, and z are present, etc. Business John Lucas jlucas@pszjlaw.com Pachulski Stang Ziehl & Jones

How to Simplify Disclosure Statements; or, Why are Disclosure Statements so Complicated?

Disclosure statements are generally longer than the plan and also contain the exact same provisions in the plan and do not really provide any more information to a creditor to help him/her/it make an informed choice when deciding to vote to accept or reject a plan. Do disclosure statement need to restate the entire case? Can't they be simplified so that they are easier to understand. In the end, creditors want to know the following: (a) how much am I getting; (b) when am I getting it; and (c) what are conditions are before my distribution is received. Creditor John Lucas jlucas@pszjlaw.com Pachulski Stang Ziehl & Jones

Capital Raises

Exploring various options for capital raises for distressed companies Business Ericka Johnson ejohnson@bayardlaw.com Bayard, P.A.

Privilege - Who Controls a Debtor's (Entities and Individuals) Privilege & Who Has Rights to Privileged Information?

This panel would discuss the basic ins and outs of privilege to set the table. However, the more interesting issues arise in the following context: (i) do Members of an LLC have access to privileged info; (ii) do former board members have rights to privileged info; (iii) does a trustee of an individual have right to an individual debtor's privileged information; (iv) is a trustee required to turnover his/her privileged information to a debtor after it retakes possession; (v) can a mediation privilege be used to cloak an entire bankruptcy cases so that all information is immune from discovery from non-mediation parties or its adversaries. Business John Lucas jlucas@pszjlaw.com Pachulski Stang Ziehl & Jones

Co-Chairs’ Corner: 2023 Mediation Committee Activity Report

Mediation Committee Leadership

• Committee Chairs: Connor Bifferato and Edward Schnitzer
• Communications: Mo Bauer and Emily Wall
• Education: Sylvia Mayer and Steve Sather
• Member Relations: Annmarie Chiarello and Kevin McCarrell
• Newsletter: Joseph Orbach and Kara Casteel
• Special Projects: Hon. Christopher Sontchi (ret.) and Frank Monaco

Planning Meetings

How to Interact with the Court: Professionally, Educationally, Socially

When a judge takes the bench, he/she leaves part of his/her life behind because judges generally feel they must insulate themselves from ex parte contact. This panel would focus on how practitioners and judges can and should: interact inside the courtroom (standing at podium v. sitting at counsel table), communicate with chambers (emails or telephone calls with courtroom deputy, law clerk, or judge), interact and collaborate at educational events (jointly preparing educational materials, attending public but semi-private luncheons/dinners that are paid by law firms), and interact in both public and private settings (dinners, entertainment (sporting events), general social interaction).

There is a lot to talk about. Perhaps a plenary session that runs longer (1.5 hours); three judges and three lawyers; no financial advisory professionals. Business Suggested Speakers John Lucas jlucas@pszjlaw.com Pachulski Stang Ziehl & Jones

The Crypto Conundrum: Difficulties in Valuing Cryptocurrency Assets Held in Exchange Custody: Part Two

Part One of this two-part article reviewed custodially held crypto assets as part of the bankruptcy estate. This installment discusses intrinsic value as a proper valuation method for crypto assets held in exchange custody, factors to consider when calculating the intrinsic value of custodially held crypto assets, and risk-mitigation approaches to preserve asset value.