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Session Description
Debtor estates and other distressed stakeholders can monetize formerly contaminated parcels which have no higher or better use than solar by leasing or selling those assets to specialized brownfields-to-solar developers. These niche developers can buy suitable parcels outright or offer twenty-year leases which can be transferred with the property. The Inflation Reduction Act and renewable energy-friendly states provide significant financial incentives which allow for generous lease rates. Bankruptcy trustees, debtor estates, creditors and other stakeholders have begun exploring this monetization strategy, which can be accomplished out of court, as long as the assets are at least partially remediated.
Learning Outcomes
What is the brownfields solar financial model, whether through lease or acquisition, and how much revenue would it generate in a sample project?
What types of real estate assets are suitable for solar siting (and no other, higher/better uses)?
What geographical locations/states provide the best financial incentives (tax incentives, rec programs, high power rates) to generate the highest lease rate or purchase price for a trustee, debtor estate or other stakeholder?
What are the relevant provisions of the Inflation Reduction Act?
What are some of the relevant provisions in states with favorable policies?
How can a trustee, debtor estate or other stakeholder mitigate the environmental risk associated with brownfields solar projects?
How can public sector creditors properly dispose of or monetize through lease brownfield properties where the property owner is missing or refuses to appear in court proceedings?
Can environmental liabilities be discharged under section 363 of the Bankruptcy Code? Is that necessary in the context of developing solar on brownfields?
Target Audience
Debtor
Suggested Speakers
Christy
Searl
christy@acpowerllc.com
First Name
Christy
Last Name
Searl
Email
christy@acpowerllc.com
Firm
AC Power LLC
Session Description
Many bankruptcy professionals are being called upon to help healthcare provider organizations as this industry faces unprecedented business distress. Whatever the professional's role, some basic understanding of healthcare finance can strengthen decision-making and performance.

This session will provide a high-level view of the unique fiscal considerations in the healthcare provider organization, specifically: 1) accounting and financial statements; 2) cashflow including the massive revenue cycle and accounts payable functions; 3) a murkier part of cashflow buried in the various governmental and private payer reimbursement models, and 4) fraud.

Beginning with accounting and financial statements, the mystery of gross revenue, net revenue, and accounts receivable on the income statement will be examined. Even experienced healthcare CFOs can trip up on accounts receivable calculations given the complexities of payer reimbursement models and payment practices, as well as the payer market changes occurring at an ever-faster pace.

Healthcare provider cashflow management consists of voluminous variations and constant change, more so in revenue cycle but also in accounts payable. Years ago, revenue cycle was simply called “billing.” The term revenue cycle more accurately describes the revenue generation process which can involve every function in the healthcare provider organization, from physician and nursing care to lab work and housekeeping.

Third, fundamentals of the most common healthcare reimbursement models will be discussed starting with basic fee-for-service reimbursement and moving through other models to the present attempts at value-based reimbursement. It may be surprising that while the industry grapples with the new value-based models, a sizable part of reimbursement is still fee-for-service.

Finally, there will be brief mention of fraud and embezzlement which can develop in the troubled healthcare provider organization and may be a significant contributor to poor financial performance.
Learning Outcomes
Participants will gain a high-level perspective on the unique fiscal considerations in the healthcare provider organization to inform their work in advising clients in this troubled industry. A solid base of knowledge in healthcare finance will support accurate financial performance projections, prioritization of turnaround strategies, and organization valuations. Given the esoteric complexities in this field, attendees will also gain an appreciation for situations where using healthcare financial specialists may be helpful.

First, participants will understand special aspects of income statements for healthcare provider organizations, in particular the difficulty of estimating accounts receivable due to the variability in the payer market, reimbursement models, and billing policies and procedures.

Second, attendees will be able to discuss the umbrella structure of cashflow in the healthcare provider organization from revenue generation to accounts payable.

They will understand the fundamentals of the “revenue cycle” which spans the entire healthcare provider organization. They will also be able to outline some mid-level billing functions, common operational problems with billing in the distressed healthcare organization, and practical solutions to address them, including artificial intelligence (AI).

On the other side of cashflow management, participants will understand the cash management structure and issues in vendor contracting, purchasing, and accounts payable in the healthcare organization.

Next, participants will gain a deeper awareness of how various healthcare reimbursement models in the marketplace – e.g., Medicare Advantage, health maintenance organizations (HMOs), high-deductible plans, accountable care organizations (ACOs), etc. – affect the financial performance of healthcare provider organizations.

Finally, attendees will be made aware of some places fraud and embezzlement may develop in the distressed healthcare organization.
Target Audience
Creditor
Suggested Speakers
Jeanne
Goche, MA, JD
jgoche@SolutionsinHealthCareManagement.com
Denise
Hill, JD, MPA
denise.hill@drake.edu
First Name
Jeanne
Last Name
Goche, MA, JD
Email
jgoche@SolutionsinHealthCareManagement.com
Firm
Solutions in Health Care Management, a consultancy and financial advisory specializing in health care
Session Description
Bankruptcies are on the rise, sub-chapter v has been wildly successful and non-bankruptcy alternatives continue to see acceptance around the country, especially for start-up, venture backed companies. What leads to the decisions on how to end a company's life. The discussion will (should) feature Prof. Elizabeth Pollman from the University of Pennsylvania Carey Law School, who is researching this subject.
Target Audience
Other
Suggested Speakers
Elizabeth
Pollman
epollman@law.upenn.edu
First Name
Geoff
Last Name
Berman
Email
glberman7895@gmail.com
Firm
Former ABI President

Carvana Soars on Debt-Restructuring Deal, Launches Stock Offering

Submitted by ckanon@abi.org on
Carvana shares surged Wednesday after the used-car retailer said that it had reached a bond-swap deal to reduce its debt by $1.2 billion and launched plans to issue stock through an at-the-market offering, WSJ Pro Bankruptcy reported. The company said that it had reached an agreement with a group of investors including Apollo Global Management, Pimco and Ares, who collectively own $5.2 billion of its outstanding unsecured bonds, to swap their holdings into new secured bonds that have the option to pay interest in-kind, meaning that it can be tacked onto the principal balance rather than paid in cash. Carvana also said that it has entered a distribution agreement with Citigroup and Moelis to sell up to the greater of either $1 billion or 35 million shares through the at-the-market program, filing a new shelf registration statement to the SEC. The Arizona-based company also reported a narrower second-quarter loss than analysts had expected early Wednesday. The stock jump, if sustained through the regular trading session, would extend a rally that began in May. Carvana has struggled as rising interest rates and high inflation have curbed demand for big-ticket purchases. Falling prices for used cars have weighed on the value of its inventory. In early June, though, the company said it expected cost-cutting measures to boost profitability.