Search Topics
Over 2,700 Hours of Free Content
What’s Wrong with Chapter 11?
This panel will visit controlling the time and expense of bankruptcy litigation; how
bankruptcy’s Code, Rules and process affect the relationship between the parties’
incentives and duties to their constituencies; the continuing viability of unsecured
creditors’ committees; claims trading and the increased role of hedge funds in chapter 11
cases; and other topics covered in the Final Report of the ABI Commission to Study
the Reform of Chapter 11.
Current Issues in the Energy Sector
This panel will discuss current trends in energy, from gas production to the coal market
to alternative forms. What will the industry look like 10 years from now? Do we need
coal? Updates of current markets, as well as recent bankruptcy cases and issues, will
be addressed, including the rejection of gathering agreements and the upward trend
in requests for equity committees in commodity cases (Breitburn, Penn Virginia,
Energy XXI, Horsehead, SandRidge, C&J, Peabody).
Equitable Mootness
This session will focus on the current state of the doctrine and recent criticisms,
especially from the Third Circuit (Philadelphia Newspapers, SemCrude, One2One
Communications), and its applications (City of Detroit (invoking the doctrine to reject
the attempted restoration of pension benefits in the city’s bankruptcy)).
Liquidating In and Out of Chapter 11
This session will discuss (1) selecting a trust, LLC, plan administrator or other vehicle;
(2) ensuring that affirmative claims are preserved post-confirmation; (c) establishing
a value/tax basis in litigation claims and other assets transferred to a trust or LLC;
(d) key plan provisions such as preserving 2004 discovery rights, creditor oversight,
continuing court oversight, required reporting and the retention/transfer of the
attorney/client privilege; (e) the trading of interests; (f) provisions for closing the case;
and (g) structured dismissals following asset sales as an alternative to a liquidating
plan (Jevic). Is it preferable to liquidate outside of chapter 11?
e-Learning Topics

Filter by Approved State
Most Popular Live Sessions
Join live sessions your peers are attending now.