As part of the 29th Annual Distressed Investing Conference, Harold Kaplan (Partner, Chicago), Mark Hebbeln (Partner, Chicago), and Patrick Daugherty (Partner, Chicago) will be speaking on multiple panels covering topics relevant to this area of interest:
- From Liability Management to Lender-on-Lender Violence | 11:10 a.m. – 12:10 p.m.
(Harold Kaplan, Mark Hebbeln)
While there may be little new in certain creditors engaging in transactions intended to lift their positions against other creditors, there recently has been an increasing focus and level of umbrage and challenge brought against so-called "Lender-on-Lender Violence" Transactions, in which borrowers and certain (usually majority) creditors attempt to take advantage of arguable gaps in their indentures and other financing documents and negotiate priming, uptiering, unrestricted subsidiary and other transactions benefitting themselves over other (minority) creditors in the same priority class. The panel will consider recent cases such as Trimark and TPC, and the legal issues and practical implications raised by Lender-on-Lender Violence Transactions, including the implications of the timing of often volatile asset valuations.
- Crypto: How 2022 Will Affect The Future Of The Digital Currency Industry | 4:10 p.m. – 5:10 p.m.
2022 has been a challenging and confusing year for crypto. The Chapter 11 proceedings of Celsius and Voyager have placed centralized cryptocurrency platforms under the scrutiny of customers, the Bankruptcy Court, the Department of Justice, and regulators. Bitcoin, the world’s flagship digital asset, is down again markedly from its all-time high achieved most recently in November 2021. Ethereum’s “merge” in September 2022 changed its consensus mechanism from mining to staking, reducing its carbon use by 99%. What are the implications for investors and what challenges/opportunities does 2023 hold?
To learn more and register to attend, please click here.