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The Changing Retail Environment and Restructuring Consequences
How are retail bankruptcies conducted today vs. 10+ years ago? How are future retail bankruptcies likely to look? What are the macro trends in retail, and what are the consequences of traditional brick-and-mortar retail? What will be the dominant types(s) of retail platform(s), and who will be buying or investing in retail assets? This session will cover IP and other technology issues (valuation, liens on IP), lease issues, privacy issues, credit cards and gift cards.
Recent Issues in Plan Confirmation
The panel will discuss recent decisions on cramdowns, gifting, equitable mootness and structured dismissals (Jevic), statutory subordination (American Housing Foundation), nonconsensual releases (Seaside Engineering), plan modification (SCH Corp.) and impairment, what happens when the debtor is not required to pay the contractual rate of interest on unsecured notes (EFH), post-petition interest (what is the federal judgment rate if a contract rate does not apply?), and the scope of § 524(e).
Fraudulent Transfer Litigation
This panel will focus on recent litigation regarding actual vs. constructive fraud, how to plead and prove actual intent (Lyondell), the anticipated Second Circuit decision on safe harbors, etc., “fraudulent spin-off” cases (Tronox, Chemours, Paragon Offshore) and conflict-of-law issues.
How to Value Debt
Valuation panels have generally focused on how to value debtors and their stock. But what about valuing debt, the other form of consideration that is generally issued under a bankruptcy plan? The session will discuss coverage ratios and other credit metrics, comparability, the impact of covenants and other terms, credit reporting and rating, and more.
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