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Litigating the Cramdown Rate
Litigating the Cramdown Rate “Cram down” requires full payment of secured classes. This, in turn, requires a present value analysis of the dividends secured creditors will receive under the plan. This panel will review what debtors and secured creditors need to show to establish a cramdown rate and the nuts-and-bolts evidentiary issues joined by cramdown litigation.
Stern v. Marshall: One Year Later
Stern v. Marshall: One Year Later In June 2011, the Supreme Court issued its watershed decision in Stern v. Marshall, restricting the scope of bankruptcy court jurisdiction under Article III of the Constitution. Stern has confounded judges, litigants and commentators alike. Although characterized by the Supreme Court as a “narrow” decision, Stern is proving to have widespread implications, the full extent of which remain to be seen as cases work their way through the bankruptcy, district and appellate courts. This panel will survey the contexts in which Stern has posed issues, the decisions construing and applying Stern in the year since it was decided, and the possible legislative responses to the decision.
Subjecting Business Projections to Scrutiny in Valuation Disputes
Financial projections are the foundation for most enterprise valuation. How much deference should management projections be accorded? How do you determine whether projections are unrealistically optimistic or pessimistic? What is the relevance of "market consensus"? How do management's incentives impact projections? Hear what this ABI panel of experts has to say on business projections and more at this live webinar. Approved for 1.0 CLE hours in CA, GA, HI, IL, NY (approved jurisdiction policy) SC, TX. Pending in DE, FL, PA, TN
Let’s Work This Out: ADR and Mediation in Business Bankruptcy Matters
Discussion of alternative dispute resolution and mediation procedures and strategies; enforceability of mandatory arbitration clauses in bankruptcy.
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