Finance and Banking

Panel presented by the International Insolvency Institute (III)

This panel will discuss a proposed solution for a response to the need for funding to recapitalize and provide liquidity to viable businesses seeking to emerge from the disruption.

IWIRC sponsored this October 14, 2020, session as part of the Insolvency 2020 Summit. The expert panel discusses trustees' powers in various foreign courts and the challenges they face. The panlists also provide tips for hiring foreign counsel and recovering offshore assets.

The economic catastrophe created by the Coronavirus is unique. In the past, recessions have been prompted by sustained periods of high interest rates. This recession has been caused by a virus and it is hitting the United States and world economy already saddled with record levels of debt. Almost all businesses are dealing with the prospect of sudden ends to cash flow, yet a relatively new generation of companies, "zombies" who earn too little to make even interest payments on their debt are faced with the ultimate challenge.

The panel will briefly address the historical use of cannabis in America for medicinal purposes and the subsequent criminalization of cannabis, which was racially motivated. The panel will then discuss the challenges faced by corporate entities that seek to obtain bankruptcy protection when at least a portion of their income is derived from the sale or cultivation of cannabis, the lease of space to cannabis companies, or the sale or manufacture of products used in connection with a cannabis business.

This panel will explore recent cases and trends of credit bidding in chapter 11 cases. Many lenders are now requesting up-front approval of credit bid rights in debtor-in-possession financing orders, which would curtail the bankruptcy court’s ability to modify or limit credit bidding rights under Bankruptcy Code § 363(k) later on when the assets are auctioned. The panel will examine recent decisions on credit bidding and what limitations courts have applied to a secured creditor’s right to credit bid in bankruptcy cases.