• Michael R. Lastowski, Duane Morris LLP
• Brian Ryniker, CIRA, Ryniker Consultants, LLC

Disputes between debtors and creditors are common if not ubiquitous in bankruptcy. Certain investors are no longer motivated by the expectation that the debtor will pay its obligation in full at maturity, however. Instead, these investors acquire a “long” position in a debt instrument such as a bond, which on default will produce a profit on a larger “short” position in the company‘s debt, equity or derivatives. Examples include the cases of Windstream Holdings, Codere SA, iHeartCommunications Inc. and Hovnanian Enterprises Inc. The panel will delve into the particulars of the net-short debt strategies and their risks and market effects.

• Boris Steffen, CDBV, GlassRatner

• Marc Brown, AlixPartners, LLP
• Emil A. Kleinhaus, Wachtell, Lipton, Rosen & Katz
• Marti P. Murray, The Brattle Group
• David C. Smith, University of Virginia

Learn about the benefits, pitfalls, and possible hurdles to litigation funding which has significantly impacted civil litigation, and is seeping into the bankruptcy world as well. This panel will address the mechanics, myths, and realities of litigation funding in civil and bankruptcy litigation, including the proposed Litigation Funding Transparency Act.

• Sheryl P. Giugliano, Diamond McCarthy LLP

• Joel Cohen, Stout Risius Ross, LLC
• Marty Flics, Parabellum Capital
• Jonathan Goldin, Goldin Associates
• Hon. Alan Trust, U.S. Bankruptcy Court, Eastern District of New York

The panel will discuss the dynamic regulatory issues distressed healthcare providers face in Chapter 11 bankruptcy filings, including a discussion on pre-filing and first day considerations, the interplay between government provider agreements and the automatic stay, and the courts views on issues such as recoupment rights and executory contracts.

• Russell Perry, CFA, CIRA, Ankura

• Liz Boydston, Polsinelli
• Karen Cordry, National Association of Attorneys General
• Hon. Nancy Hershey Lord, U.S. Bankruptcy Court, Eastern District of New York
• Samuel R. Maizel, Dentons

This presentation will examine significant decisions of the past year, with emphasis on cases from the 2nd and 3rd Circuits.

• Kenneth Enos, Young Conaway Stargatt & Taylor, LLP
• Michael R. Lastowski, Duane Morris LLP

• Hon. Kevin J. Carey (ret.), Hogan Lovells US LLP
• Hon. Robert D. Drain, U.S. Bankruptcy Court, Southern District of New York
• Hon. Rosemary Gambardella, U.S. Bankruptcy Court, District of New Jersey

This panel will survey the current environment for handling mass tort claims through a bankruptcy proceeding. Issues include: case timing and funding; available insurance coverages; definitions of property of the estate and rights to beneficial interests; applicable deductibles/SIRs and indemnification rights; available policy limits and exclusions; estimation of claims vs. negotiation, claims verification, claims administration, and motions to file class proofs of claim; investigating the business; fraudulent transfers; establishment of settlement trusts to handle claims; and planning for a viable/feasible solution and outcome whether in a for-profit or not-for-profit business setting. Some recent cases of note include Insys, Takata Corp., various Catholic Diocese and other religious entities.

• David Bart, CIRA, CDBV, RSM US LLP

• Justin R. Alberto, Bayard, P.A.
• Hon. Kathryn C. Ferguson, U.S. Bankruptcy Court, District of New Jersey
• Susan N.K. Gummow, Foran Glennon
• Arik Preis, Akin Gump Strauss Hauer & Feld LLP

Honoree: The Honorable Kathryn C. Ferguson,
Chief Judge, U.S. Bankruptcy Court, District of New Jersey