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ABI Talks: Super-Speedy Prepacks: What Are They Good For?
Earlier this year, a chapter 11 case was filed and a plan confirmed in 19 hours. A one-day prepack offers several advantages to creditors and debtors alike. What cases are a good fit for a lightning-speed chapter 11, and what due process concerns must be satisfied?
ABI Talks: New Reorganization Hope for Main Street Debtors
Will the new Small Business Reorganization Act lead to more successful restructurings and fewer liquidations of small businesses while still protecting creditors’ rights?
ABI Talks: The Rhetoric and Reality of Student Debt
Is there too much emphasis on reducing student loan debt, including through bankruptcy, and not enough about the real causes of skyrocketing college costs?
Recent Trends in the Credit Bidding of Assets and Cross-Border Issues
This panel will explore recent cases and trends of credit bidding in chapter 11 cases. Many lenders are now requesting up-front approval of credit bid rights in debtor-in-possession financing orders, which would curtail the bankruptcy court’s ability to modify or limit credit bidding rights under Bankruptcy Code § 363(k) later on when the assets are auctioned. The panel will examine recent decisions on credit bidding and what limitations courts have applied to a secured creditor’s right to credit bid in bankruptcy cases. The panel will also explore cross-border issues concerning credit bidding on groups of assets that are be owned by foreign entities, and the interplay between courts concerning the sale of these types of assets.
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