Chapter 11 filings have surged in 2023 and that surge is expected to continue in 2024. The session addresses several hot issues that credit professionals have been dealing with in Chapter 11 cases that will continue to affect trade creditors during the Chapter 11 surge. The speakers will discuss recent significant rulings impacting critical vendor relief; the applicability of section 503(b)(9) priority claims for goods received by a debtor within 20 days of bankruptcy; the applicability of the new value preference defense to invoices paid post-petition to critical vendors and creditors with section 503(b)(9) priority claims; ordinary course of business preference decisions impacting trade creditors; and the split in the case law on the enforceability of non-consensual releases of claims against non-debtor third parties and the United States Supreme Court's recent grant of certiorari to resolve this issue.
Speakers:
- Bruce S. Nathan, Partner, Lowenstein Sandler LLP
- Andrew Behlmann, Partner, Lowenstein Sandler LLP
- Michael Papandrea, Counsel, Lowenstein Sandler LLP
Time: 9 a.m. PT
Location: Caesars Palace, 3570 S Las Vegas Blvd, Las Vegas, NV 89109
