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Don’t Get "Whacked" by These § 365 Lease Issues: The Necessary Tools to Bring to Your Next "Sitdown"
This session will go beyond the black-letter law of § 365 with a "landlord mafia boss" to discuss practical and timely topics concerning how to best serve your client in post-petition lease negotiations during a post-petition § 363(b) sale process. This panelists will discuss cutting-edge issues and real-life experiences associated with real property and personal property leases from some of the most significant cases over the past several years, including Yellow, Red Lobster, GNC and Big Lots. Attendees can expect to be able to implement these lease strategies in cases of all sizes on behalf of debtors, landlords and other interested third parties.
Liability-Management Exercises and Implications
Liability-management exercises (LMEs) have become common transactions in order for financially distressed companies to obtain financing secured by previously encumbered assets. From uptiers, drop-downs, double dips and pari plus transactions, courts have begun to analyze and rule on the enforceability of LMEs and, in certain instances, their limitations. This panel will analyze various examples of recent LMEs and discuss the repercussions of such transactions from both the borrower and lender perspective.
Chasing the Money: Unpacking Subsequent-Transfer Claims Under § 550(a)(2)
This panel will delve into the legal and practical issues surrounding subsequent-transfer claims under § 550(a)(2) of the Bankruptcy Code, and examine such key issues as the scope of liability for immediate and mediate transferees, the standards courts use to determine who qualifies as a subsequent transferee, and the statutory defenses available to those parties. The discussion will include recent case law developments, practical considerations in pleading and proving such claims, and common pitfalls in litigation.
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