Conference Program Information:
Method of Delivery: Live, In-Person
Prerequisites: None
Advanced Preparation: None
Bankruptcy Taxation
During this all-day program, the topics presented by our panels of experts include:
1. Corporate Tax Considerations in Bankruptcy - Covers some of the federal income tax issues that have recently been top of mind for corporate restructuring advisors.
2. A Roundtable: Working with IRS Insolvency and Tax Issues in Bankruptcy - Advisors who represent debtors have many challenges, and may be hard pressed to offer both tax and practical advise to help their clients reach the best results by the most efficient path to resolution. This presentation will give tax practitioners and other professionals sound methods of working with the IRS Insolvency Group to resolve bankruptcy related tax issues and questions.
3. Chapter 7 & 11 Tax Basics - A concise 'textbook', useful as a guide in preparing individual bankruptcy tax returns. Core planning and compliance issues and expert tips on the unique tax reporting and treatment of individual bankruptcy estates in Chapter 7 and 11 will be highlighted.
4. Insolvency-Prove it! - A discussion of the methods to assess solvency, and utilizing the determination in claims actions, COD, and Fraudlent transfers. Discussion to include contingent assets and liabilities as well as debt versus equity assessments.
5. TBD
Panel:
Financial Advisors' Toolbox
The Financial Advisors' Toolbox program will educate an intermediate practitioner about bankruptcy law and practice. Panel sessions include: First Call (how to recognize, who and when to call, what to do in a financial distress situation); Subchapter V Financial Plan Requirements and Best Practices; Healthcare; Isolating Bad Debt; Presenting Financial Information in a Chapter 11; and Negotiation Skills.
Panel:
Luncheon Presentation: Strategic Planning – A Regular Review is Important To All Organizations
In a fireside chat format, Lou, Jennifer, and Jim will explore the importance to any organization, whether for profit or non-profit, on a stable path, or in distress, of a regular strategic plan review and update. Our speakers will discuss critical components of defining or revamping an effective strategic plan as well as provide some background on the strategic planning process underway by the AIRA board.
Speaker(s):
Keynote Presentation - Financial Market Perspectives on Corporate Distress
Mike will draw on his background in investment banking and the financial data and technology industry to provide insights on global financial markets and offer perspectives on macro economic and market-based indicators of corporate distress in the US.
Speaker(s):
Sponsored by:
Procrustes Challenge: Designing Mass Tort Settlement Trusts and TDPs - One Size Does Not Fit All
Recent chapter 11 cases have generated significant controversy over the design of mass tort settlement trusts, trust governance structure, nonconsensual third-party releases, the constitutionality of these trusts, and other issues, leading to last minute plan negotiations and settlements, appeals, reversals, and new settlements. This panel will discuss Purdue, Mallinckrodt, Boy Scouts, J&J, LTL Management and other cases that seek to resolve these liabilities by using the plan confirmation process. Panel members will discuss whether the bankruptcy process is superior to the tort system as a mechanism and approach to resolving these matters for both companies and victims.
Panel:
Implications of Rising Inflation on Corporate Restructuring Strategies
Join our panel of financial and restructuring experts in an analysis of how inflation will impact distressed companies’ abilities to effectively reorganize in the coming months. Among other things, we will discuss:
- What are the areas of the economy that will feel the greatest impact of inflation?
- What areas won’t?
- What tools and techniques can you utilize to best serve your clients whether they are debtors, lenders, or counterparties?
Panel:
Excursions
An Afternoon in Laguna Beach (with lunch at Driftwood Kitchen)
Enjoy a leisurely afternoon in Laguna Beach after having a group lunch at Driftwood Kitchen, a casual restaurant on the beach. Transportation to/from Laguna on own. You will be responsible for the cost of your lunch at Driftwood Kitchen.
Ride a Duffy Boat in Newport Harbor
A Duffy is not just a boat, it's a lifestyle.. Once you experience your first Duffy cruise you'll understand exactly what that really means. Our motto - Unplug, Untie and Unwind...it's that simple.
AIRA reserved two Duffy Boats, each accommodating 10 guests. Enjoy two hours on the water in Newport Harbor. Transportation to/from the harbor on own. The cost of this excursion includes snacks and drinks on the boat.
Cost: $50
Sponsored by:
Outrigger Canoeing in Newport Harbor
Have a fun afternoon on the water paddeling in an Outrigger Canoe in Newport Harbor! Depending on the size of the group. we will have a double Hull Outrigger or triple Hull holds, and we'll be on the water for 1.5 - 2 hours. This is purely recreational, not a competition. A minimum of 10 guests is required for this outing.
Cost: $25pp
Cooperation and Conflict Between US and Cayman Insolvency Proceedings
Please join our panelists, Kathy Bazoian Phelps, Bradley Sharp and – direct from the Cayman Islands – Matthew Dors, for a discussion on cooperation and conflict between US and Cayman insolvency proceedings. The discussion will focus on the causes of conflict between insolvency proceedings in each jurisdiction, the mechanisms available to help manage the challenges posed by a multi-jurisdictional proceedings, and the potential benefits of cooperation between courts and office holders. The panel will also share the benefit of their shared experience working on the DLI receivership and provide some practical tips that are likely to be useful to any practitioners who might find themselves involved in case that involves both US and Cayman insolvency proceedings.
Panel:
Disruption in the Beauty Products Industry: When Beauty and Financial Distress Meet
Covid protocols, store shut-downs, use of influencers, work from home, omni-channel marketing, and supply chain disruptions have all added to the challenges facing the beauty industry. From mega companies to boutique brands, all are being impacted across their operating platforms. This panel will discuss how practitioners can assist their clients navigate through these challenging times and evaluate various options which may be available to improve outcomes for stakeholders.
Panel:
Real Estate Workouts: Rising Interest rates, looming defaults- where do we go from here?
This session will bring together both financial and legal professionals to discuss the current state of the distressed real estate market. The panel will provide strategies and tools for restructuring professionals to identify issues and to navigate through these challenges for successful work-outs in today’s ever changing market. The panel will be assisted by the Honorable Julia Brand who will provide insight into the Bankruptcy Court’s perspective on these issues and what types of cases are coming before the Court.
Panel:
Subchapter V: What Have We Learned So Far?
Since taking effect in 2020, the Small Business Reorganization Act has largely been a success and served its intended purpose of providing small business chapter 11 debtors with a streamlined and efficient chapter 11 process. Now, with over three years of case law and practical application, we can see the key features, strengths, and even a few limitations of Subchapter V. After a brief overview of Subchapter V, this panel will focus on various developments and emerging issues, including the debtor’s eligibility, plan confirmation standards, and discharge and post-confirmation disputes, as well as unsettled issues in Subchapter V.
Panel:
Climate Risk and Energy Sector Bankruptcies
Climate risk is hard to diversify and complex to manage. It is now increasingly a C-suite agenda for large corporations. The Climate Risk and Energy Sector Bankruptcy panelists will draw on their real-world experiences working on bankruptcy, restructuring, and resource strategies associated with large utilities, cooperatives, and businesses. The discussions will shed light on the long lasting regulatory, operational, and financial impacts of extreme weather events including the wildfires, winter storm Uri, and Hurricane Maria. The panel will also discuss the emerging strategies that corporations have developed to mitigate climate risk and enhance resiliency through hardening and decarbonizing asset base.
Panel:
Recent Developments on Post-Petition Interest
Description coming soon.
Panel:
Judges Roundtable
A panel of bankruptcy judges informally answer and discuss practitioners’ questions of dos and don’ts, best practices, their outlook for bankruptcy cases, and other topics that may be of interest to the group. This session does not qualify for CPE/CLE.
Speaker(s):
Sponsored by:
Rise of Mediation in Chapter 11
Mediation has become more commonplace in large chapter 11 cases with many competing constituent interests. Parties may employ either attorney or judicial mediators. Through discussion and example, this panel will address (i) the importance of setting up a framework/process for the mediation, (ii) use of and best practices for mediation statements, (iii) how mediation and concurrent bilateral negotiations impact the process and (iv) how a hybrid work environment has impacted the conduct of mediations. Panelists include a judge, attorneys and a financial advisor, all of whom have participated in mediations in different capacities.
Panel:
ABC, D & F: Getting Current on The Use of ABC’s Across The Country
In this session, the panel discusses the recent efforts by the Delaware Court of Chancery on governing ABC matters, the Florida Bar Association work on revising the Florida ABC statutes and the year-long effort by the Uniform Law Commission Committee studying the need for a unform statute for ABCs. The panel includes a debtor’s lawyer, secured creditor counsel, counsel with experience (and expertise of course) representing assignees, buyers and other parties in these cases, and Observers on the Uniform Law Commission studying ABCs.
Panel:
Demystifying Cryptocurrency in Chapter 11: An Introduction to the Treatment of Cryptocurrency under the Bankruptcy Code
The nature of the crypto space is such that if one crypto company falls, the other dominos are likely to follow quickly. In a short time, crypto restructurings have seemingly become an near everyday occurrence, thereby thrusting restructuring professionals into largely unfamiliar territory. The panelists will provide an overview of cryptocurrency and blockchain, discuss how cryptocurrency is and has been treated in chapter 11, and provide tools to help restructuring professionals protect crypto assets and claims before, after, and during a chapter 11 case.
Panel:
Impact of Russia Sanctions on the U.S. Economy and the Restructuring Industry
In response to Russia’s 2022 war on Ukraine, a broad, multilateral coalition, including the United States, the European Union (EU), the United Kingdom, Canada, Australia, Japan, and others, imposed sweeping new sanctions on Russia. This panel will address the impact of Russia sanctions/war in Ukraine on the U.S. economy, international cross border business issues and the overall restructuring industry. Discussion topics will include the exposure of particular U.S. financial institutions to Russia, the availability of raw materials from markets outside of Russia, the competitiveness of U.S. firms, and the impact on higher gas prices and rising inflation.
Panel:
Distress in the Capital Markets - Where are the Opportunities Now?
This panel will explore the challenges and opportunities that exist in currently distressed sectors (such as SPACs, Chinese real estate, Crypto) and what sectors are heading for distress as a recession nears. The learning objectives from this panel of experts will focus on 1.) the current disruptions facing certain sectors and 2.) how those disruptions have impacted the overall business environment and restructuring opportunities.
Panel:
Cannabis: The Highs and Lows of an Emerging Industry
The panel, comprised of industry-leading experts, will be discussing the emerging trends within the cannabis industry as they pertain to both state and federal regulations, the landscape of the next five to 10 years, and opportunities for turnaround professionals.
Panel:
Friday Night Excursion
An Evening at The Cannery Newport Beach
Enjoy an evening on the patio at The Cannery in Newport Beach. The Cannery is a poem...a quality of light...a tone, a habit, a nostalgia, a dream...(Steinbeck)
The Cannery is an institution. Having received many accolades over the last two decades for Best Thing I've Ever Ate, Best Place for Lobster Rolls, Diner's Choice Awards, Most Iconic Restaurant, Incredible Waterfront Views and more… We are honored for the consistent recognition by our community.
The cost includes dinner and our space rental. Drinks are extra.
Cost: $150
Crypto Currency Conundrums – International Issues Impacting Crypto Currency Restructurings
During this session, the panel will focus on the international aspects of some of the novel and open questions and issues stemming from recent and ongoing crypto currency cases and discuss jurisdictional, litigation, and valuation issues that are likely to arise in 2023 as the crypto winter (or thaw) continues. The panel will speak about the implications of recent opinions in crypto currency chapter 11 or other court-supervised proceedings. The panel will also consider how interested parties ascribe value to crypto currency and related digital. Panelists also anticipate covering important litigation considerations, such as voidable transactions and related international implications to litigating such matters. Lastly, looking ahead, the panel will talk about jurisdictional options in the digital world.
Panel:
Emerging Issues in Attorney Discipline: Disciplining Politically-Motivated Attorney Misconduct and Discharging State Bar Sanctions
A Two-Topic Ethics Panel Discussion:
(1) An examination of State Bar disciplinary actions against attorneys for communicating demonstrably false and misleading statements to courts, lawmakers and the public at large in their capacity as lawyers for politically motivated purposes. What authorities exist for measures such as these? What are the judicial and public goals of these disciplinary actions? Could first amendment rights be implicated and supersede the ethical considerations placed upon attorneys?
(2) May a disciplined attorney discharge State Bar-ordered amounts owed for sanctions and reimbursement of State operated Client Protection Funds? Which awards/sanctions are eligible for discharge? Are any legislative fixes necessary to address public policy concerns?
Panel:
About AIRA
AIRA is a nonprofit professional association serving the bankruptcy, restructuring and turnaround practice area. AIRA's membership consists of accountants, financial advisors, investment bankers, attorneys, workout consultants, trustees, and others in the field of business turnaround, restructuring and bankruptcy. AIRA members are among the most trusted and sought-after professionals in matters dealing with limited capital resources and deteriorating operating performance.
Cancellation/Refund Policy
Written cancellation for the conference or any excursions must be received by midnight on Wednesday, May 17, 2023 for a full refund less a $150 cancellation processing fee. No refunds will be granted after May 17, 2023, but substitutions will be allowed.
National Registry of CPE Sponsors
"Association of Insolvency and Restructuring Advisors" is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org/.
Contact Us
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Ph: (541) 858-1665
Fx: (541) 858-9187
aira@aira.org
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