2020, 2020 Insolvency Summit

The healthcare industry in general, and hospitals in particular, have been severely impacted by the COVID-19 pandemic in many respects. At its most basic level, the impact has been devastating financially. The restructuring of a healthcare entity, whether in or out of court, raises unique and significant issues, in large part because federal and state governments pay for the bulk of medical care in the United States and the industry is one of the most heavily regulated industries in the nation.

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.

This October 22, 2020 session from the Insolvency 2020 Summit addresses the use of technology by bankruptcy professionals inside and outside of the courtroom. The panel covers practicing in court in a pandemic, lawyers behaving badly, use of technology, lawyers and law firms as bankruptcy debtors, and best practices in fee applications.

A better understanding of what trustees do in their day-to-day work can help debtors and credit and finance professionals appreciate some of the complexities of the bankruptcy process. Bankruptcy trustees are often painted as the bad guys: Creditors sometimes think that trustees sell assets at bargain-basement prices for a quick result, or that they're only in it for the fees, and debtors may view the trustee as their arch enemy. But the role of bankruptcy trustees is very challenging, involving and rewarding — not to mention highly regulated.

Do the safe harbor provisions of 11 U.S.C. § 546(e) also provide shelter to transferees from state law fraudulent transfer actions in nonbankruptcy courts? Does the doctrine of pre-emption apply to impact litigation outside of bankruptcy court? This panel will review § 546(e) after the U.S. Supreme Court’s decision in Merit Management Corp. LP v. FTI Consulting Inc. After the Merit decision, the Supreme Court sent back the case of In re Tribune Co., fraudulent conveyance litigation that was also pending before the Supreme Court, to the Second Circuit Court of Appeals.