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Clean-Up in Aisle 5: Does Bankruptcy Still Work for Retail?
Are lenders finding strategies to avoid the Code’s landlord protections? This panel will explore whether a debtor’s obligation to timely perform is being honored, rejection/assumption rules modified in DIP orders, use of nunc pro tunc rejection to minimize claims, and other issues in today’s retail cases.
What’s Wrong with Chapter 11?
This panel will explore the trend of private-equity firms and hedge funds favoring out-of-court workouts (with or without a pre-packaged or pre-arranged bankruptcy case) rather than traditional chapter 11 cases for achieving their restructuring goals. The panel will also debate whether the Chapter 11 Reform Commission’s recommendations adequately address such issues. Cases to be discussed include Tribune Co. fraudulent conveyance litigation, Sun Capital, ICL Holding and Sabine Oil & Gas Corp., et al.
Case Law Update: Part I &II
This session will highlight particularly interesting case law developments to date in 2016 and their impact on bankruptcy law and practice.
Ponzi Schemes and Other Fraud Issues
This panel will address the unique issues presented when matters involving fraud, including Ponzi schemes, arise. The discussion will include best practices for responding to, or managing, fraud allegations directed to a client inside and outside of bankruptcy, addressing and investigating fraud from an accounting perspective (including strategies for identifying hallmarks of fraud), and current developments in case law relating to fraud and Ponzi schemes in the bankruptcy context.
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