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Great Debates | 2025 Views from the Bench
Resolved: The doctrine of in pari delicto should bar a trustee from recovering solely for the benefit of creditors.Resolved: The above transaction is an avoidable fraudulent conveyance, and the original lenders may recover more than via a general unsecured claim.A debtor engaged in an LME transaction in which the debtor received substantial liquidity by subordinating a debt secured by a first lien on the debtor’s principal assets to a new, more senior first lien. The debtor received desperately needed liquidity, but the subordination substantially impaired the recoveries received by the original first-lien lenders. A subsequent bankruptcy was filed within 18 months. Unsecured creditor recoveries will be 2%. The court determined that the subordination agreement violated the terms of the original loan agreements.
Litigation Update on Avoidance Actions
This panel will focus on chapter 7 trustee standing to pursue assets, plus the use of expert witnesses, sufficiency of complaints (Pack Liquidating) and sales of avoidance actions (South Coast). The panelists also will discuss recent case law on preference and fraudulent-transfer defenses, the extension of statutes of limitations (Kwok), and the role of both voluntary and mandatory mediation procedures.
Getting to Confirmation: Update on Developments
This panel will discuss post-Purdue case developments, including what constitutes “consent” and the role of opt-out releases (Spirit and other recent cases), third-party stays and injunctions, solicitations (Red River Talc), and the role of financial distress in chapter 11 and whether it is too restrictive (LTL). The panelists also will provide an update on where we stand regarding prepacks, nonvoting classes when confirming subchapter V plans (SushiZushi), out-of-court solutions and liability-management exercises.
ABI-Live: Mergers and Acquisitions Series: Key Considerations in the Current Market (Session Two): Private Credit Loan Refinancing: Considerations for Borrowers and New Lenders
Sponsored by SC&H CapitalJoin us for the second session of a three-part webinar series, hosted by ABI Capital Partner SC&H Capital. This second session will discuss private credit loan refinancing, including considerations for borrowers and new lenders. With a focus on the use of private credit and traditional and alternative financing vehicles, industry leaders will discuss how the strategies for and structures of merger-and-acquisition transactions have changed, and what is expected in the current, future and volatile markets. The third session, taking place in November, will address how officers and directors must focus on complex issues and elevated responsibilities in the context of these types of transactions. Attendees will gain valuable insights — from investment bankers, attorneys and financial advisors who are on the front lines of these kinds of transactions — that will inform them now and in the future.
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