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“Sub Rosa Plans”: Their Impact in, and Provision of a Potential Alternate Exit Strategy from, Chapter 11
This program will explore the boundaries of the sub rosa plan doctrine in a variety of contexts potentially arising in chapter 11 cases. The focus will be on efforts to resolve the relationship of the debtor to all or many of its creditor constituencies and equity-holders that arguably deviate from the priority and procedural schemes of the Bankruptcy Code. Included among the areas examined will be (1) secured creditor/acquirer carve-out and/or gifting agreements, (2) structured dismissals following § 363 sales, (3) settlements of significant or global controversies, (4) lock-up and plan-support agreements, and (5) significant distribution or settlement arrangements made in the context of DIP financing or asset sales made jointly with nondebtor parties.
Judicial and Legislative Responses to Puerto Rico’s Struggle to Allocate Scarce Financial Resources Between Bond Debt and Governmental Services
Puerto Rico is burdened by over $70 billion in debt, as well as approximately $35 billion in pension underfunding. Once the U.S. House of Representatives passed H.R. 5278, the Puerto Rico Oversight, Management and Economic Stability Act (PROMESA), in early June and the Senate passed it on June 29, 2016, President Obama signed the bill immediately — and just in time to address a $1.9 billion payment that was due on July 1, 2016. PROMESA offers relief to Puerto Rico, its municipalities and municipal agencies following a 10-year economic recession. This panel describes the circumstances that led to the financial crisis, the failed effort of the Puerto Rican government to offer relief through a "state" statute that was found to be unconstitutional by the Supreme Court, and the details of how PROMESA is designed to work. The session provides an opportunity to discuss these issues in a casual setting, including the way forward for Puerto Rico, and features a panelist who served as Hon. Steven Rhodes' expert on feasibility issues in the City of Detroit chapter 9 case.
Hotcakes & Hot Topics: Breakfast with the Judges
Enjoy a breakfast discussion with the judges of the Southeast Bankruptcy Workshop.
“All I Really Need To Know I Learned In Kindergarten: Practicing with Ethics and Civility.”
In his popular poem, All I Really Need To Know I Learned In Kindergarten, writer Robert Fulghum proclaimed: “Most of what I really need To know about how to live And what to do and how to be I learned in kindergarten.” Attorneys and others in the legal profession are often required to address challenging questions about ethics and unprofessional behavior. When faced with these issues, would you make the “right” call? You be the judge with interactive voting when faced with real issues from actual scenarios attorneys have had to address.
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