New York City Bankruptcy Conference

May 9 | New York, NY

The ABI New York City Bankruptcy Conference, one of ABI’s largest and most prestigious events — and one of the most significant gatherings of insolvency and restructuring professionals in the New York metro area — is the place to hear from the best and learn practical techniques and tips for meeting the challenges of today’s evolving insolvency landscape.

Participating in this advanced-level educational forum, designed especially for experienced insolvency professionals, will provide you with invaluable opportunities to connect with the industry’s leading experts. Its expanded workshop format — each of the six concurrent breakout sessions will be presented twice with different panelists, offering attendees expanded points of view on the same topics — allows for spirited exchanges between panelists and attendees, and lets you customize your learning experience. Sample up to four concurrent sessions, or dig deeper into two concentrated subjects!

Register today to be a part of this event.

Register Now
Add to Calendar   2024-05-09 08:00:00 2024-05-09 19:00:00 America/New_York 2024 New York City Bankruptcy Conference
View Attendees

  • Registration Desk Opens

  • Continental Breakfast

  • Conference Chairs’ Welcome

  • Big Stuff on Chapter 11 from the Second Circuit and Elsewhere

     

  • Refreshment Break

     

    Sponsored by Getzler Henrich & Associates LLC, a Hilco Global Company

    Getzler Henrich & Associates logo
  • Concurrent Sessions (6)

    Recent Developments in DIP Financing

    This panel will explore recent developments and trends in DIP financing, including equity-linked DIP facilities, contingent second draws, case controls, an increase in priming fights, and increased chapter 7 conversions due to an increased unwillingness of DIP lenders to bail out chapter 11 debtors.

     

    Recent Confirmation Issues

    This panel will review recent confirmation and related issues, including tools being deployed in the confirmation process (such as the use of conditional disclosure statements, toggle plans and lock-ups/RSAs), equitable mootness in confirmation appeals, and the latest on releases and exculpation.

     

    Restructuring Abroad vs. Plenary Chapter 11

    This session will discuss the benefits and drawbacks of restructuring under chapter 11 as opposed to under a foreign restructuring scheme. The panelists include a restructuring lawyer who is familiar with the popular European restructuring schemes.

     

    D&O Litigation and Coverage Issues in Bankruptcy: Voidable Clauses, Who Owns Policy Proceeds, and Who Can Assert Claims

    This panel will discuss cutting-edge controversies and developments regarding the business-judgment rule, standing to bring claims, gatekeeper provisions, and D&O insurance policies, proceeds and ownership.

     

    Recent Trends in Liability Management: Structuring and Jurisprudence

    This panel will review recent trends in liability-management transactions, and will include a discussion of Judge Isgur’s recent decision in WesCo, which addressed the effects of “uptier” transactions.

     

    Mass Confusion: Win, Lose or Draw, What's Next After the Supreme Court Rules?

    This panel will analyze important bankruptcy matters that are pending before the Supreme Court, particularly Kaiser Gypsum and Purdue Pharma.

  • Refreshment Break

  • Repeat Concurrent Sessions (6)

    Recent Developments in DIP Financing

    This panel will explore recent developments and trends in DIP financing, including equity-linked DIP facilities, contingent second draws, case controls, an increase in priming fights, and increased chapter 7 conversions due to an increased unwillingness of DIP lenders to bail out chapter 11 debtors.

     

    Recent Confirmation Issues

    This panel will review recent confirmation and related issues, including tools being deployed in the confirmation process (such as the use of conditional disclosure statements, toggle plans and lock-ups/RSAs), equitable mootness in confirmation appeals, and the latest on releases and exculpation.

     

    Restructuring Abroad vs. Plenary Chapter 11

    This session will discuss the benefits and drawbacks of restructuring under chapter 11 as opposed to under a foreign restructuring scheme. The panelists include a restructuring lawyer who is familiar with the popular European restructuring schemes.

     

    D&O Litigation and Coverage Issues in Bankruptcy: Voidable Clauses, Who Owns Policy Proceeds, and Who Can Assert Claims

    This panel will discuss cutting-edge controversies and developments regarding the business-judgment rule, standing to bring claims, gatekeeper provisions, and D&O insurance policies, proceeds and ownership.

     

    Recent Trends in Liability Management: Structuring and Jurisprudence

    This panel will review recent trends in liability-management transactions, and will include a discussion of Judge Isgur’s recent decision in WesCo, which addressed the effects of “uptier” transactions.

     

    Mass Confusion: Win, Lose or Draw, What's Next After the Supreme Court Rules?

    This panel will analyze important bankruptcy matters that are pending before the Supreme Court, particularly Kaiser Gypsum and Purdue Pharma.

  • Luncheon Session: The Crypto Crash and Future Outlook

    As the wave of cryptocurrency bankruptcies is coming to a conclusion, this panel will discuss what went wrong and the future of an industry “rife with abuses and fraud” (SEC Chair Gary Gensler, March 2024). Are there sustainable business models for crypto, or is it just a matter of time until the next crash?

     

    Sponsored by Akin Gump Strauss Hauer & Feld LLP

    Akin Gump Strauss Hauer & Feld LLP logo
  • Break

  • Concurrent Sessions (6)

    Ethics Roundtable: Current Issues in Bankruptcy Practice

    This panel will look at ethical considerations for lawyers and judges that arise in the context of bankruptcy proceedings, including the public interests at stake in large chapter 11 cases. This panel also will evaluate the ethical issues involved in the use of artificial intelligence and mass torts in bankruptcy, and will discuss recent cases and share best practices.

     

    Legal and Practical Issues and Implications of Enforcing Judgments Inside and Outside of Bankruptcy

    This panel will discuss and explore the legal bases and practical implications of enforcing a judgment in the context of a bankruptcy case and utilizing state law procedures and remedies. In the context of a bankruptcy case, the panelists will explore issues related to judgments that are nondischargeable or may be nondischargeable, relief from the automatic stay, foreign judgments and their interplay with chapter 15 proceedings, and judgments against nondebtor subsidiaries where assets of the debtor entities might be implicated. Outside of bankruptcy, the panelists will focus on the judgment enforcement mechanisms and tools that exist under New York law, as well as domesticating a foreign or federal court judgment from another state for enforcement in New York.

     

    Private Credit Restructuring

    This panel will address recent trends in private credit restructuring.

     

    U.S. Trustee Hot-Button Issues

    This panel will cover such topics as exculpation/opt-in, opt-out, as well as U.S. Trustee views on programmatic positions vs. litigating a case. The panelists will cover topics relating to fees, such as the role of a fee examiner, and nonestate professional fee requests. Attendees also will learn about the importance of sealing personally identifiable information — and how to do so.

     

    BAPCPA and Legislative Fixes: 20 Years Later

    This panel will discuss the wide-ranging changes to the Bankruptcy Code resulting from the 2005 amendments, and how they do and do not continue to affect bankruptcy practice today.

     

    Litigation Round-Up

    This panel will discuss a selection of cases that raise current substantive bankruptcy issues and litigation challenges, including how to convince a bankruptcy court to extend the automatic stay (or issue an injunction) to protect debtor-related (but nondebtor) entities from tort or other litigation that could interfere with the plan process (e.g., Robertshaw (S.D. Tex. 2024); Roman Catholic Diocese of Rockville Center (S.D.N.Y. 2023)); how best to present valuation evidence for unusual, complex and illiquid assets, including mortgage-backed securities, derivatives and crypto assets; and how to deal with evidentiary issues — particularly relating to damages — arising in “liability management” litigation. The panelists will conclude with a rapid-fire presentation of successful bankruptcy litigation tips.

  • Ice Cream Break

     

    Sponsored by CSC

    Delaware Trust logo
  • Repeat Concurrent Sessions (6)

    Ethics Roundtable: Current Issues in Bankruptcy Practice

    This panel will look at ethical considerations for lawyers and judges that arise in the context of bankruptcy proceedings, including the public interests at stake in large chapter 11 cases. This panel also will evaluate the ethical issues involved in the use of artificial intelligence and mass torts in bankruptcy, and will discuss recent cases and share best practices.

     

    Legal and Practical Issues and Implications of Enforcing Judgments Inside and Outside of Bankruptcy

    This panel will discuss and explore the legal bases and practical implications of enforcing a judgment in the context of a bankruptcy case and utilizing state law procedures and remedies. In the context of a bankruptcy case, the panelists will explore issues related to judgments that are nondischargeable or may be nondischargeable, relief from the automatic stay, foreign judgments and their interplay with chapter 15 proceedings, and judgments against nondebtor subsidiaries where assets of the debtor entities might be implicated. Outside of bankruptcy, the panelists will focus on the judgment enforcement mechanisms and tools that exist under New York law, as well as domesticating a foreign or federal court judgment from another state for enforcement in New York.

     

    Private Credit Restructuring

    This panel will address recent trends in private credit restructuring.

     

    U.S. Trustee Hot-Button Issues

    This panel will cover such topics as exculpation/opt-in, opt-out, as well as U.S. Trustee views on programmatic positions vs. litigating a case. The panelists will cover topics relating to fees, such as the role of a fee examiner, and nonestate professional fee requests. Attendees also will learn about the importance of sealing personally identifiable information — and how to do so.

     

    BAPCPA and Legislative Fixes: 20 Years Later

    This panel will discuss the wide-ranging changes to the Bankruptcy Code resulting from the 2005 amendments, and how they do and do not continue to affect bankruptcy practice today.

     

    Litigation Round-Up

    This panel will discuss a selection of cases that raise current substantive bankruptcy issues and litigation challenges, including how to convince a bankruptcy court to extend the automatic stay (or issue an injunction) to protect debtor-related (but nondebtor) entities from tort or other litigation that could interfere with the plan process (e.g., Robertshaw (S.D. Tex. 2024); Roman Catholic Diocese of Rockville Center (S.D.N.Y. 2023)); how best to present valuation evidence for unusual, complex and illiquid assets, including mortgage-backed securities, derivatives and crypto assets; and how to deal with evidentiary issues — particularly relating to damages — arising in “liability management” litigation. The panelists will conclude with a rapid-fire presentation of successful bankruptcy litigation tips.

  • Networking Reception

     

    Sponsored by Cozen O'Connor

    Cozen O'Connor logo
  • Partners

Hotel Address

New York Hilton Midtown
1335 6th Ave.
New York, NY 10019

Attire

Business attire is requested throughout the conference.

 Early
(by 4/7/24)
Regular
(4/8/24-5/7/24)
Onsite
(after 5/8/24)
Conference Rates*
ABI Member
$795
$845
$945
Join ABI and Save!*
$1,195
$1,245
$1,345
Non-Member
$1,220
$1,270
$1,370
Gov’t./Aca./Nonprofit ABI Member
$450
$500
$550
Gov’t./Aca./Nonprofit New ABI Member*
$575
$625
$675
Registration rates include all sessions, continental breakfast, luncheon presentation, all refreshment breaks and educational materials.
* Includes a one-year membership for first-time members only — a $425 value! Membership is individual and nonrefundable. Expired members should select the member rate and add in the membership-renewal fee on the registration page.
Exhibitor Rates
ABI Member Exhibitor**:
 
$1,600
 
ABI Member Secondary Exhibitor:
 
$500
 
New ABI Member Exhibitor***:
 
$2,000
 
New ABI Member Secondary Exhibitor***:
 
$900
 
** Includes one 6’ table and full registration for one booth representative.
*** Includes one 6’ table, full registration for one booth representative AND a one-year membership for first-time members only — a $425 value! Membership is individual and nonrefundable. Expired members should select the member rate and add in the membership-renewal fee on the registration page.

Cancellation Policy

All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by April 18, 2024. No refunds will be granted after April 18, although substitutions will be allowed. After April 18, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the canceling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.

Anti-Harassment Policy

The American Bankruptcy Institute is dedicated to providing a harassment-free conference experience for everyone, regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, age or religion. We do not tolerate harassment of conference participants in any form. Sexual language and imagery are not appropriate for any conference venue, including talks. Conference participants violating these rules may be sanctioned or expelled from the conference without a refund at the discretion of the conference organizers. Our anti-harassment policy can be found at https://www.abi.org/about-us/bylaws-and-policies.

Conference Chairs

Host Committee

Approval for approximately 7.25 hours of CLE credit, including 2.5 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 8.70 hours of CLE credit, including 3 hours of ethics, are pending in 50-minute-hour states.

The American Bar Association is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors for Group Live (live in-person) programs. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website, www.learningmarket.org.

  • Recommended CPE Credits and Field of Study: Specialized Knowledge and Behavioral Ethics
  • Program attendees can earn up to 9 hours of CPE credit
  • Prerequisites: There are no prerequisites
  • Advanced preparation: None
  • Program Level: Intermediate
  • Delivery Method: Group Live

The American Bankruptcy Institute is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors for Group Live (live in-person) programs. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org.

* ABI offers intermediate-level courses, which assume that attendees have some knowledge in insolvency matters (pursuant to the “Statement on Standards for CPE Programs” established by AICPA and NASBA). ABI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State Boards of Accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website, www.nasbaregistry.org. For more information regarding administrative policies such as complaints and refunds, please contact the American Bankruptcy Institute at (703) 739-0800.

ABI acknowledges that in some instances there will be persons who need to attend an educational seminar for CLE credit who are not able to pay full registration fees. ABI will handle such instances on a case-by-case basis and will work with the individual on alternative solutions. For persons who cannot meet the full registration rate, ABI will offer a reduced rate based on what the individual can reasonably afford to cover the cost of meals and materials. For persons unable to pay a reduced rate, we may allow the individual to work at our registration area for a few hours during attendee check-in, or assist in conference set-up. ABI also has reduced rates for government employees, professors, law clerks and students. For information on tuition assistance, e-mail [email protected].