AIRA's 21st Annual Advanced Restructuring & Plan of Reorganization Conference
Monday, November 14, 2022 (9:45 AM - 6:30 PM) (EST)
AIRA‘s Annual Advanced Restructuring and Plan of Reorganization Conference (“POR”) in New York is a one-day educational forum, the main learning objective of which is the discussion of the legal and financial perspectives on developments in bankruptcy, insolvency and restructuring activities. The program is geared toward maximizing opportunities for learning, exchange and networking, as well as offering credit for continuing legal and professional education. POR will be a hybrid event, offering attendees a live, in-person experience and a virtual option for those who choose to attend from home or office.
This course is appropriate for both newly admitted and experienced attorneys.
CPE/CLE: Earn up to 7.4 CPE / 6.1-7.4 CLE*
*Application for New York accreditation pending approval. CLE for other states applied for on request.
NOVEMBER 14, 2022
Introduction / Opening Remarks
Pension Issues in Restructuring and Bankruptcy
Pension plans present unique challenges in restructuring. The panel will discuss single and multiemployer plans and working with the Pension Benefit Guaranty Corporation. Issues include minimum funding, plan termination, withdrawal, claims of a plan and/or PBGC, treatment of claims in bankruptcy, liability of controlled group members, and fiduciary duties related to the termination of a pension plan. The panel will also discuss the legal and financial tests for distress and involuntary pension plan terminations. Our panelists are experts in legal or financial analysis and include current and former PBGC attorneys who have a wealth of practical and technical knowledge to share.
11:05 AM–11:55 AM
The Use (and Misuse) of Market Evidence to Measure Fair Value and Solvency in the Distressed Market
The objectives of this session are for the participants to: Understand the structure of the market for distressed securities; Know whether the prices of publicly traded debt and equity securities are based on relevant and reliable information; and, be able to apply market evidence reliably consistent with the fair value standard.
11:55 AM–12:05 PM
Digital Assets and Investors in Distress
This panel intends to provide a general overview of cryptocurrency and digital assets, including how and by which agencies they are presently regulated. The panel will then discuss the question of ownership of cryptocurrencies and digital assets and its implications in various settings, including a chapter 11 bankruptcy filed by a cryptocurrency exchange, lending platform, or crypto-focused investment fund, and a bank insolvency proceeding. The panel will also discuss issues related to cryptocurrency and digital asset-related frauds, including a general overview of a Ponzi scheme, potential red flags for investors, and the contours of a good-faith defense. The goal of this panel is to engage with important questions facing investors and distressed entities in distressed situations involving cryptocurrencies and digital assets.
Disruption in Commercial Real Estate - Debt & Equity; Navigating Restructuring and Leasing with Lenders
Over the last 10 years, the commercial real estate financing market has exploded with financing sources and decision makers, many of which never step foot in a courtroom or at the negotiating table. What are the best ways to navigate the maze of lenders, servicing agreements and decision makers when restructuring a loan or a lease? How do you drive value, create leverage and structure modifications that are accretive to all stakeholders – is litigation the solution? With rising interest rates, will more equity be invested by Sponsors or will there be disruption creating investment opportunities in commercial real estate at critical stages such as tenant lease negotiations, refinancing/maturity dates or partnership recapitalizations? With discounted payoffs (DPOs) and non-performing loan (NPL) sales back in “vogue”, how do you get plugged into and underwrite these opportunities?
Texas Two-Step, Hoosier Hop or Fox Trot?
This panel will provide a general overview of the “Texas Two-Step” strategy recently employed by a number of companies facing widespread mass tort and other liabilities, as well as recent case law developments. The goal of this panel is to highlight the legal and financial issues this strategy raises.
2022 - The Year in Review from the Perspectives of Judges and Attorneys (90)
A hallmark session of the conference, the objective of this presentation is to review from the perspective of members of the court the significant decisions of the past year, with emphasis on cases from the 2nd and 3rd Circuits.
Reception – 2022 Judicial Service Award Presentation & Meet and Greet with new Judges
Honoree: Hon. Alan S. Trust, Chief Judge, U.S. Bankruptcy Court, E.D.N.Y. (Central Islip, NY)
|CPE / CLE Credit||Recommended, 7.4 CPE / 6.1-7.4 CLE, (Fields of Study: 6 Specialized Knowledge-Technical & 1.2/1 Regulatory Ethics – Technical)|
|Knowledge Level||All Levels—Beneficial to CPAs and other financial advisors new to a skill or attribute, including individuals at staff or entry level in an organization, as well as seasoned professionals who desire increased knowledge in the subject matter.|
|Learning Objectives||Please see session descriptions for discussion of related learning objectives.|
|Course Registration Requirements||Online registration and payment of fee is required to attend the program. Participants must submit request for CPE credit at the conclusion of the program. All session materials will be available to registrants prior to the start of the program. If unable to register online in advance of the program, onsite registration will be available.|
|Format||Hybrid (Group Live and Group Internet presentation.)|
Additional sponsorships are available. For more information, contact Cheryl Campbell at firstname.lastname@example.org.