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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
Session will identify options to bankruptcy for struggling companies and explain why certain alternatives should be considered and in certain instances utilized.
Learning Outcomes
Many bankruptcy practioners are not familiar with non-bankruptcy options such as ABCs and UCC sales which in many instances are far superior to the bankruptcy option.

This session will educate the practitioner so that that individual can provide proper advice and representation for the struggling business client.
Target Audience
Business
Suggested Speakers
Bryan
Davidoff
bdavidoff@ggirm.com
First Name
Randy
Last Name
Nussbaum
Email
randy.nussbaum@sackstierney.com
Firm
Sacks Tierney Scottsdale
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
Double entry accounting and financial statement literacy, cash flow projections, monthly operating report basics - the new forms.
Tax issues.
Adult ADHD diagnoses - coping skills - (luncheon speaker?)
Substance abuse
Boycott Arizona until they change their 1800s laws regarding women's health. Go back to Terranea. I will not be attending.
Target Audience
Business
First Name
ELISA
Last Name
SARTORI
Email
esartori@greenridgeservices.com
Firm
Greenridge Financial Services LLC
Session Description
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.
Learning Outcomes
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.
Target Audience
Creditor
Suggested Speakers
Jeffrey
Fuller
jfuller@bloombergindustry.com
First Name
Jeffrey
Last Name
Fuller
Email
jfuller@bloombergindustry.com
Firm
Bloomberg Industry Group
Session Description
Join our panel of industry experts for an insightful discussion on navigating the complex landscape of accounts receivable (A/R) management. This session aims to provide attendees with comprehensive insights into key considerations, challenges, and innovative strategies within the A/R space.

The primary focus of this panel is to explore how organizations can maximize value in their A/R portfolios. Our experts will delve into crucial aspects of A/R management, offering attendees a holistic understanding of risk analysis, portfolio purchasing, liquidation, debt collection, and international recovery.

Key Points and Supporting Topics:

• Risk Analysis in A/R Portfolios: Understand the methodologies and techniques employed for accurate risk analysis. Explore the impact of customer payment patterns, industry trends, and economic factors on portfolio performance.
• Portfolio Purchasing and Liquidation Strategies: Gain insights into successful portfolio management, acquisition, and liquidation. Learn innovative approaches to handling principal investments and overseeing significant assets.
• Effective B2B Debt Collection and International Recovery: Discover advanced analytics and modeling strategies for enhancing debt collection processes. Navigate the challenges of international debt recovery with industry-tested expertise.
• Comprehensive Approach to Bridging Business and Credit Lenders: Delve into strategies that bridge the gap between businesses and credit lenders. Maximize the value of assets within the A/R space through thoughtful and comprehensive approaches.

Learning Outcomes
Attendees will leave this panel discussion equipped with actionable insights, best practices, and a deeper understanding of the evolving landscape of A/R management. Whether you are involved in risk assessment, portfolio management, or debt recovery, this session promises to be a valuable resource for professionals seeking to optimize their approach to accounts receivable.
Target Audience
Business
Suggested Speakers
Jay
Stone
JStone@hilcoglobal.com
Buddy
Beaman
BBeaman@hilcoglobal.com
First Name
Julia
Last Name
Lechowicz
Email
jlechowicz@hilcoglobal.com
Firm
Hilco Global