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E&O and D&O
This panel will first review the scope and types of coverage actually found in a typical E&O Policy and D&O Policy. Second, the Panel will discuss how claims are made under these policies with emphasis on how to assert or plead a claim so as to preserve coverage. Third, the Panel will discuss the law governing the treatment of such policies as “property of the estate” and finally, they will review the treatment and possible priority of claims that are asserted and adjudicated against the Debtor prepetition.
The Morning After: Coping with the Consequences of the Failed LBO/Leveraged Recap Transaction
Was the deal ill-conceived? Was the borrower undercapitalized/overleveraged? Was it the victim of intervening circumstances and unforeseeable events? In today’s covenant-light world, more financial players and operating companies’ owners are availing themselves of relatively accessible credit facilities to cash in on the perceived value of entities with attractive balance sheets. But what happens if the company later fails and ends up in bankruptcy? Are redeeming shareholders really supposed to be the guarantors of the deal’s success?
Issues in Individual Chapter 11 Cases
Individual chapter 11 cases pose a number of thorny legal and practical problems for the bankruptcy practitioner. While individual chapter 11 cases contain many elements of corporate chapter 11 and chapter 13 cases, they do not fit comfortably in either chapter. Following the enactment of BAPCPA, courts have struggled to strike the appropriate balance between the provisions of the Bankruptcy Code intended for corporations and those intended for human beings. The result is substantial uncertainty for debtors and creditors alike. This session will explore: Does the absolute priority rule apply to individual chapter 11 debtors? May creditors commence an involuntary chapter 11 case against an individual? May individual chapter 11 debtors pay their living expenses in the ordinary course of business, or is notice and a hearing required? What are the advantages and disadvantages for debtors and creditors in an individual chapter 11 case as compared to a corporate chapter 11 case or a chapter 13 case?
Crisis Communications--Both Legally Required and Strategically Wise
When companies file Chapter 11, they communicate on a number of fronts and through a number of means. Pleadings are fashioned to convey a particular message to the court, creditors and anybody else who might read them. Public companies have certain mandatory disclosures in the form of 8Ks. More importantly, and more interestingly, communications strategies are undertaken by debtors to inform but reassure their customers, vendors and the public. This program will be led by experts in the field of communications in the face of a bankruptcy. Issues include securities law compliance prepetition, avoiding improper plan solicitation, the role of communications professionals in messaging even in filed documents and in case proceedings, such as the first day declaration and at the 341 meeting and, post-petition when court approval is necessary or advisable.
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