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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
The session will review the big deals in distressed investing in 2024 and make some predictions about 2025.
I would envision 3 speakers addressing small, medium and large sized transactions. The panelists would include claims trader, real estate investor, and hard asset (private equity) investor. The moderator could be an attorney that services these constituencies.
Learning Outcomes
The distressed investing world provides a significant amount of work for the legal community. I was instrumental in putting together a program for TMA NY that focused on the Private Credit Market which sold out.
Target Audience
Debtor
First Name
Joseph
Last Name
Sarachek
Email
joe@saracheklawfirm.com
Firm
Sarachek Law Firm
Session Description
Congress granted creditors a right to an accelerated recovery of their claims through FRBP 3001. This rule is the foundation for selling a bankruptcy claim but, until recently, the integrity and liquidity of the claims market was challenged by an absence of the typical features of modern capital markets. Few creditors were able to identify potential purchasers, conduct price discovery and maximize competition for their claims. Online marketplaces developed, making a global market and rapid price discovery easily accessible, and allowing unrestricted competitive pressures to inform bid/ask price disclosure and immediately actionable supply and demand. Although the market has undergone a significant transformation, a number of recent cases have tested the rules and procedures of bankruptcy courts, clerks and claim administrators to properly manage the tens of millions of claims, and hundreds of billions of dollars owed annually to creditors who enjoy a right to liquidity.
Learning Outcomes
• Understanding of the background/context for FRBP 3001
• Understanding of historical market characteristics and functionality
• Understanding of the emergence of online marketplaces
• Discussion of recent cases and the impediments to improved market functionality
• Discussion of opportunities for further market development and improvement
Target Audience
Creditor
Suggested Speakers
Brian
Davidoff
bdavidoff@greenbergglusker.com
Matthew
Sedigh
matt@x-claim.com
Andrew
Glantz
andrew@x-claim.com
First Name
Brian
Last Name
Davidoff
Email
bdavidoff@greenbergglusker.com
Firm
Greenberg Glusker LLP
Session Description
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?
Learning Outcomes
To discuss why in the post Covid era many creditors are not filing proofs of claims timely and discuss possible solutions.
Target Audience
Creditor
Suggested Speakers
Rucinski
krucinski@ch13akron.com
First Name
Keith
Last Name
Rucinski
Email
Krucinski@ch13akron.com
Firm
Office of the Chapter 13 Trustee (Akron, Ohio)
Session Description
The Bankruptcy Code and Non-Bankruptcy law preserve or limit claims at the outset of the case and after confirmation of a plan during the claim reconciliation process. For example, claims arising from the purchase of perishable fruits and vegetables are accorded certain treatment in a bankruptcy case under the Perishable Agricultural Commodities Act or claims governed by applicable sales tax statutes. Claims arising from employees are given priority (but capped) and claims arising from the rejection of a real property lease or employment contract are capped. This panel will consider the claim reconciliation process during a bankruptcy case and the the Bankruptcy Code and Non-Bankruptcy law affect those claims.
Suggested Categories
Target Audience
Business
First Name
John
Last Name
Lucas
Email
jlucas@pszjlaw.com
Firm
Pachulski Stang Ziehl & Jones
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

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.

Catholic Diocese of Sacramento Sets Date for Planned Bankruptcy Protection Filing

Submitted by jhartgen@abi.org on

The Roman Catholic Diocese of Sacramento, which announced in December that it planned to file for bankruptcy protection because of a crush of sexual abuse lawsuits, will file with the bankruptcy court on April 1, The Sacramento Bee reported. “The faithful of the diocese are being notified of the filing date at this weekend’s Masses,” diocese spokesman Frank Lienert wrote Saturday in an email to The Bee. Bishop Jaime Soto announced in December that the diocese would follow the same path as some other ecclesiastical districts in California, including the Diocese of San Francisco, Diocese of Oakland, Diocese of Stockton and Diocese of Santa Rosa. Soto said in a statement in December that “it is now clear to me that this is the only way available to me to resolve these claims as fairly as possible.” “There are many victim-survivors awaiting compensation for the reprehensible sins committed against them,” the bishop wrote in the statement. “The diocese faces more than 250 lawsuits alleging sexual abuse by clergy or other church staff. The reorganization process will allow me to equitably respond to the large number of those who are victim-survivors of abuse.” The diocese originally said it expected to file in March, but has now pinpointed April 1 as the date court papers will be filed. The crush of lawsuits stems from a measure signed into law in California in 2019 that extended the statute of limitations for such cases. Other states have passed similar laws. The Sacramento diocese has published a list of 46 “credibly accused clergy” who served in the Diocese of Sacramento from 1933 through 2018. Many of them are now deceased, and some are listed as being fugitives from justice.

Genesis to Face Off Against Parent in Final Showdown Over Digital-Asset Disputes

Submitted by jhartgen@abi.org on

Genesis Global is facing off against its parent company in bankruptcy court on Monday, aiming to resolve more than a year of disputes over who reaps the benefits of the surging bitcoin price, WSJ Pro Bankruptcy reported. Judge Sean Lane of the U.S. Bankruptcy Court in White Plains, N.Y., is scheduled to hear closing arguments of Genesis’s chapter 11 plan that would offer a path, if approved, for it to wind down the business. After lengthy litigation that played out in court, Genesis’s lenders, customers and regulators support a proposal that would repay as much as 77% of its customers’ holdings in the type of digital assets that they are owed. However, Digital Currency Group, Genesis’s parent company and the biggest borrower, opposes the chapter 11 plan. Much of DCG’s dispute centers around who gets the benefit of bitcoin’s current high price, which has gone up more than 200% since January 2023, when Genesis filed for bankruptcy. DCG has argued that Genesis should repay its lenders and customers at the old rock-bottom price in U.S. dollars, allowing the remaining stakeholders, including DCG, to benefit from the upside of the price increases in digital assets. DCG has cited bankruptcy code stipulating that chapter 11 claims be valued in dollars as of the filing date. New York-based Genesis filed for bankruptcy in the aftermath of the collapses of crypto hedge fund Three Arrows Capital and crypto exchange FTX in 2022. The bankruptcy exposed the interconnected nature of the crypto industry, where companies lend to each other and when one fails it creates a domino effect.