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RSAs: The Best Strategies
This panel will discuss threshold considerations, risks and benefits of, and in-court and
out-of-court strategies for entering into, an RSA from the perspectives of the debtor and the
fulcrum creditor, as well as other key constituents. We will also survey outcomes in recent
cases that were commenced with RSAs in place.
The Potential for, and the Challenges of, Mediation in Cross-Border Insolvencies
Hosted by the International and Mediation Committees
This panel will discuss the evolution of mediation in cross-border insolvencies
and how it is utilized today. It will also provide insight into how cross-border
mediations differ from U.S.-centric mediations, when cross-border mediations
are most (and least) effective, and how mediators and professionals can best
prepare themselves and others for successful cross-border mediations.
Tax Implications of § 363 Sales
Hosted by the Legislation and Bankruptcy Taxation Committees.
This session will address various tax implications that need to be
considered by bankruptcy practitioners in connection with § 363 sales,
including cancellation of indebtedness income, net operating losses and
tax-free/deferred “G Reorganization” transactions. The panel will also
discuss a timetable of decision points as to when tax-related issues need to be considered
by practitioners in order to avoid unanticipated adverse
tax consequences
Equitable Mootness: Does It Still Exist?
The panelists will touch on recent cases and offer their prognostications
as to the future of the equitable mootness doctrine.
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