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Municipal Bankruptcies
Municipal bankruptcies are on the rise. This panel will discuss chapter 9 issues, including eligibility to file, recent developments, plan confirmation and cramdown issues, case-management issues, municipal bondholder claims, labor and pension issues, the role of mediation, alternatives to chapter 9, and the Detroit, Stockton, San Bernardino and Harrisburg municipal cases.
Fraudulent Transfers and Ponzi Schemes
This panel will discuss recent advanced fraudulent transfer case law and the application of § 546(e)’s “safe harbor” to failed leveraged transactions, as well as the “good faith” defense under § 548(c), especially regarding Ponzi scheme fraudulent transfer litigation. Key cases will include In re Lyondell Chemical, In re Tribune Co. Fraudulent Conveyance Litig., In re Derivium Capital, LLC and Official Committee of Unsecured Creditors of Quebecor World (USA) Inc. v. American United Life Insurance Co.
Sales Panel: New Risks for Credit Bidding
Do new opnions suggest doubt about the right of a lender to bid the full value of claims in Chapter 11?
Cross-Border and International Bankruptcy
A working understanding of cross-border restructuring principles has become a mainstay of contemporary practice. This panel will cover cross-border fundamentals, including the application of § 109 to foreign cases, the enforceability of foreign judgments and granting comity in a chapter 15 case involving third-party releases (In re Sino-Forest Corp. and Ad Hoc Group of Vitro Noteholders v. Vitro, S.A.B. de C.V. (In re Vitro S.A.B. de C.V.)).
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