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Ticking Time Bombs in Plans and Post-Confirmation
Everyone thinks they have their form plan figured out, but what if there are issues you didn’t think about lurking in your plan? After confirmation, what comes next? What if the plan never actually goes into effect? This panel will help you avoid issues you might not have thought about once that confirmation order is entered.Learning Objectives:Attendees will identify common pitfalls and overlooked provisions that can create problems in chapter 11 plans and plan confirmation orders.Attendees will assess post-confirmation risks and challenges, including issues that arise when a confirmed plan fails to become effective.Attendees will implement practical strategies to anticipate and address potential post-confirmation complications before they become case-disrupting problems.
Secured Transactions 201
The law of secured transactions is often called a "trap for the unwary," especially for bankruptcy lawyers. This session will address common (and costly) mistakes that result in avoidance and missteps in the repossession and sale of collateral. The panelists will take up tricky perfection issues, priority and questions of scope — so you can navigate secured transactions with confidence, not caution tape.Learning Objectives:Understand the scope of UCC Article 9 — what it covers and when other law governs.Identify errors that lead to avoidance and learn how to prevent them.Apply the legal requirements for repossession and sale of collateral, with particular attention to the law developed in Colorado, Utah and Wyoming.
Crisis Management
What do you do when your client comes to you in an emergency, and what is and is not an emergency for the purpose of first-day motions? How do you prepare for a bankruptcy filing with virtually no time to spare? How do you stabilize operations through a short transition, and what do you do if there is an out-of-the-gate motion to dismiss for bad faith? This panel will aim to help you keep your calm in a crisis so that your efforts culminate in a successful case.Learning Objectives:Attendees will recognize common crisis scenarios that arise immediately before and after a bankruptcy filing and distinguish true emergencies requiring first-day relief.Attendees will develop strategies for rapidly preparing a bankruptcy filing and first-day motions when time and information are limited.Attendees will examine practical approaches for stabilizing operations and responding to early case challenges, including motions to dismiss for alleged bad faith.
Let's Keep It Intellectual (Property)
We’ve all seen intangible assets on balance sheets — from intellectual property (IP) and franchise agreements to customer lists and goodwill. What do we do with IP, and how do we use it or value it to have a successful reorganization and not just a sale? This session will provide takeaways you can use to inform your next case.Learning Objectives:Define the evolving scope of intellectual property (IP): Participants will be able to identify the major categories of IP and explain how modern business models are expanding what counts as IP, including data, algorithms, customer relationships, and other emerging intangible assets.Analyze why IP matters in restructuring strategy and negotiation: Participants will understand how IP can influence leverage, value and deal dynamics in a reorganization, and evaluate ways to use IP assets or IP gaps to shape plan negotiations, monetization strategies, and outcomes beyond a simple sale.Apply practical approaches to protecting and maximizing IP value in distressed situations: Participants will be able to spot common pitfalls such as overlooked, unprotected or undervalued IP, and apply practical tools and case study strategies to preserve, enhance, or monetize IP to reach a successful restructuring solution.
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