2023, 2023 New York City Bankruptcy Conference

This roundtable will provide insights from judges of the Eastern and Southern Districts of New York (and surrounding areas) on selected hot topics.

With discussions ongoing in Washington, D.C., regarding increasing the cap for subchapter V filings, subchapter V filings are likely to continue to rise. What are the implications for the resulting cases if the cap does or doesn’t get raised?

Stunning failures across the crypto ecosystem have caused many to question the future of the industry and ask whether the crypto boom was purely fueled by speculation. Allegations of misfeasance at FTX and the interrelatedness of major industry participants create understandable questions, and business models have been shown to be flawed. This panel discussion will explain industry issues, unique bankruptcy challenges, and what the future of the crypto industry might look like.

This panel will provide a review of recent confirmation issues, including reinstatement in a rising-interest-rate environment, cramdown and Till in a rising-interest-rate environment, the entitlement to or apportionment of the increased value of collateral, new versions of pre-disclosure-statement plan-commitment agreements, make-whole obligations as unmatured interest, solvent debtors and creditors’ entitlement to post-petition interest, and the evolution of equitable mootness.

Over the last decade, the “restructuring director” has emerged as a key new player in corporate restructurings. This panel will review the rise of the restructuring director, the role they play in restructurings, and the benefits they bring — along with the controversies they cause.