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Cross-Border Bankruptcy Issues
In this session, the panel will delve into recent chapter 15 decisions and the use of cross-border protocols in complex multijurisdictional cases ( e.g., SDNY General Order M-511, Delaware LBR 9029-2). Learn about preparing a cross-border case and cash-management issues across cross-border estates, difficulties that arise when dealing with foreign boards, subsidiaries in foreign jurisdictions and limited resources to manage the complications, and the winding down and liquidation of cross-border estates.
Municipal Bankruptcies
This panel will examine recent municipality filings and issues that arise in these cases, such as the ability of public utilities/public service entities to file under the Bankruptcy Code (i.e., to what extent is it an extension of the municipality), interaction with state and federal law, tax-exempt economic-development bonds, and whether there should be a mechanism for distressed states to file. Discussion will include updates on Puerto Rico and other cities.
Creative Financing Structures
There has been an increasing trend toward using creative structures to transact around limitations in debt documents in order to raise debt, sell assets and/or distribute value to certain stakeholders, including transferring assets to unrestricted subsidiaries, sale/leaseback transactions and FILO loan structures. Take a look into the resulting litigation surrounding these transactions (e.g., Windstream, iHeart, J.Crew) and discuss how the credit default swap market is affecting financing structures.
Momentive Aftermath
Join this session to discuss cramup and reinstatement since Momentive, including a circuit split and recent developments. Dive into how the interest rate is being determined, as well as equitable mootness and remand issues in Momentive.
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