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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.

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.

The focus of this program would be on locating and hiring the best most cost effective expert witness for your client's preference action(s). Things to consider include:
1) Obtaining, considering and investigating a potential expert witness using their C.V.
2) Number of cases where they have provided a report
3) Industries that they cover
4) Level of experience that they have in the industry of the Defendant
5) Articles/Books published by the expert witness
6) Number of years they have taught classes related to preference actions
7) Have they represented both Defendants and Plaintiffs
8) Do they have access to Industry Data
9) What type of analysis have they examined (i.e., Subjective/Objective, Contemporaneous Exchange, New Value, Industry's idiosyncrasies, Seasonality, Covid, etc.)
10) Number of times they have testified in Court (both for Defendant and Plaintiff)
11) Number of times they have been Disposed
12) Number of Daubert Motions filed against them and have they won all of them
13) Number of Defendant can number of Plaintiff cases
14) Other Bankruptcy Related Experience
15) Professional background and expertise
16) Number of years acting as an Expert Witness
17) Number of years in their overall profession
18) References
19) Are they a team player
20) Recognize the need for confidentiality
21) Worked for numerous firms
22) Have a well defined and clear C.V.
23) Have familiarity with a case and have recommendations for mediators, local counsel (if needed), etc.
24) Is well recognized in their field and have been recommended by other bankruptcy attorneys
25) Why even hire an expert witness and what do they bring to resolving your client's preference action

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.

I'm on the Uniform Law Commission's Drafting Committee for a uniform law on assignments for benefit of creditors. I'll discuss the uniform law process and provide information on assignment for benefit of creditors issues, how those issues relate to bankruptcy, and the potential for a uniform law thereon.