Retail

Energy

Megatrends create volatility in the energy market. In 2024, elections, various regional conflicts, concerns about climate change, and the feasibility and marketability of various forms of energy make the valuation of “energy” a potentially tenuous endeavor. This session provides a how-to guide for five-year business plans, capital-adequacy tests and cash-flow tests across the energy industry, and discusses how to meet the bar for stress-testing under Judge Shannon’s Kravitz v. Sampson Energy decision.

Retail-

Douglas E. Spelfogel
Jonathan P. Goulding
Surbhi Gupta

This panel will discuss the current (post-COVID) landscape of retail and franchise cases, as well as pre-filing issues, first-day issues, post-filing “right-sizing” and § 363 sale issues.

Sponsored by ABI's Real Estate Committee
Please join ABI's Real Estate Committee for a dynamic 2022 economic outlook presentation featuring a real estate economist and professionals. Topics will include a review of the industrial, hospitality, retail and office sectors; the impact of inflation on the real estate economy; last-mile logistics; and other timely topics to arm practitioners with important knowledge about the real estate economy. The program will conclude with a question-and-answer period.

Are there limits to “free and clear” (GM)? This panel will discuss sales free and clear of leasehold interests, restrictive covenants and override royalties; conflicts between §§ 365 and 363(f) (lease- or license-stripping); assets free and clear of successorship in CBAs; selling free and clear of environmental liabilities (La Paloma, Exide); loan-to-own strategies; and the treatment of breakup fees (C&K Market, EFH).

Provocative Ideas Worth Spreading in the Bankruptcy Community:

• Divisive Mergers
• Retail Bankruptcies: Where We’ve Been and Where We’re Going
• Derivatives in Bankruptcy: The Basics
• New UST Fees and Their Potential Impact