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Creditor-on-Creditor Violence, Liability Management and Uptier Transactions
This panel will cover recent developments in liability-management transactions, a.k.a. creditor-on-creditor violence. The panelists will discuss the mechanics of uptier, drop-down and double-dip transactions, approaching each type of deal from the viewpoints of various parties in interest.
Oversight Roles
This panel will engage in a robust discussion and examination of various oversight roles in the restructuring process, based on the panelists' numerous viewpoints.
How to Get Hired
This panel will address the basic question that all practitioners want answered: How do we get more work? The answer to this and other questions will come from a panel of in-house counsel in different industries and a bankruptcy judge, who will discuss selecting, hiring and cementing relationships for outside counsel for bankruptcy engagements.
Financial Distress/Good Faith
This panel will discuss the diverging good-faith and bad-faith standards governing dismissal of bankruptcy petitions under § 1112(b)’s “for cause” provision, including for an alleged lack of financial distress in the wake of the Third Circuit’s LTL decision in 2023. The panelists also will discuss post-LTL efforts to impose a similar standard in the Fourth Circuit in the Bestwall and Aldrich & Murray cases, which thus far have been unsuccessful.
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