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The Appellate Process
Consumer Track: The Appellate Process
This panel will explore recent issues in appellate practice that are of interest to both consumer and business practitioners, including the ability to bypass intermediary appellate courts and take appeals directly to the circuit courts.
Creditors’ Committees and the Role of Indenture Trustees and Related Issues
Chapter 11 Track: Creditors’ Committees and the Role of Indenture Trustees and Related Issues
This panel will focus on the unique issues facing the indenture trustee when it elects to serve on a creditors’ committee, including how to balance potentially conflicting fiduciary duties, how to get paid, how to navigate through the plan-negotiation process and other similar types of issues.
Mediation: An Irrational Approach to a Rational Result
This panel will focus on the irrational biases for decision-making in bankruptcy. The essence of bankruptcy is deciding how to divide the debtor's metaphorical shrinking economic pie among qualified creditors. At its optimum, bankruptcy decision-making is efficient and rational. However, at other times even the most skilled bankruptcy practitioners are stymied by the inability of bankruptcy participants to make seemingly rational business decisions. Why can't everyone be rational? Decision-making is not a rational process. Behavioral economic scholars such as Daniel Ariely and Daniel Kahneman explain that we all have psychological biases that interfere with our ability to make objectively rational decisions. Bankruptcy practitioners who understand these biases learn strategies to influence them and thus enhance optimal bankruptcy decisionmaking.
Compare and Contrast U.S. and Mexican Law
The panel will explore many of the major differences between U.S. chapter 11 and the Concurso Mercantil and discuss such topics as bondholder recognition, classification of claims, creditor voting and confirmation of a reorganization plan, financing issues and sale of assets.
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