abiLIVE Webinars

Bankruptcy sales differ in many respects from non-bankruptcy sales. This webinar highlights some of the unique provisions in the asset purchase agreement that may vary between a bankruptcy and non-bankruptcy sale that practitioners should be aware of when drafting and negotiating in the context of a bankruptcy sale, including, for example, applicability of covenants, conditions, indemnities and hold-backs.

Hosted by the Business Reorganization Committee For many chapter 11 debtors, the issuance of new debt and/or equity pursuant to a rights offering is a useful tool to ensure that the reorganized company will have sufficient liquidity upon emergence. In most cases, the ability to subscribe to all or a portion of a rights offering will be awarded to stakeholders on account of their claims or interests. However, a key component of a rights offering is a backstop commitment, which is often open only to a small subset of self-selected stakeholders (the “Backstop Parties”). In exchange for providing the backstop commitment, these Backstop Parties typically receive a separate commitment fee and/or break-up fee, which is often crucial to securing their commitment. The compensation offered to Backstop Parties was at issue in recent decisions in a number of cases, such as Seadrill, Pacific Drilling, Claire’s, Peabody, and CHC Helicopters. Non-backstopping stakeholders have challenged the compensation offered to Backstop Parties on a variety of grounds, including that the proposed fees are unreasonable or unnecessary to the reorganization, or give rise to disparate treatment among creditors in violation of the Bankruptcy Code. This webinar will review the recent decisions, the factors considered by courts in approving compensation for Backstop Parties, and potential alternative ways of structuring rights offerings and the compensation for Backstop Parties. View Materials

Join authors of the newly published second edition of ABI’s Quick Evidence Handbook as they discuss best practices and inside tips for gathering and presenting evidence in bankruptcy court. The panel will explore common evidentiary issues encountered in a bankruptcy case and provide practical information for how to navigate those issues in a hearing or at trial. The webinar promises to be an interesting and valuable discussion for anyone participating in a bankruptcy litigation, from the novice lawyer approaching his or her first hearing or trial, to an experienced bankruptcy practitioner needing a refresher or new tips before heading into a contested hearing. This webinar is hosted by the Bankruptcy Litigation Committee.

Will the challenges facing restaurants--significant increases in the cost of labor, the pressure to invest in and provide e-commerce offerings, higher debt loads, investor return expectations—tilt the industry towards an increase in bankruptcies? Are restaurants slated to follow the path of general retailers, which, according to an analysis by BankruptcyData, have experienced a 35% YTD increase in bankruptcies? If so, what restructuring options are available either out of court or in Chapter 11? This webinar will explore these questions, along with key legal and investment banking issues.

Hosted by the Asset Sales Committee This webinar will provide an overview of key provisions to be included in Section 363 asset sale orders. Speakers will cover both a basic introduction to the topic, as well as an advanced discussion on issues such as “highest and best offers” and limitations on free and clear orders. The elements discussed will be relevant to various constituents including buyers, debtors and other parties in interest.

The mediation may be done but the work has just begun. Drafting the settlement agreement in a form that is enforceable and captures the intent of all parties can be a formidable task. Who drafts it? What must be included, at a minimum? Is it a final agreement or just an outline to be later committed to an agreement? Pitfalls are everywhere - let our expert panel of speakers guide you through the process!

Join panelists as they explore the issues of confidentiality and privilege in bankruptcy mediations. The panel will discuss the current landscape for what may be the most critical component to the success of a mediation; and delve into what parties and courts are, and/or should be, doing to protect and preserve parties' reasonable expectations regarding the confidentiality of all that is said and exchanged during the course of a bankruptcy mediation. It promises to be an interesting discussion for anyone representing a party, or otherwise participating, in a bankruptcy mediation.

The ABI Bankruptcy Litigation Committee presents a must-see webinar for bankruptcy practitioners about the appeals process. The panel will explore the nuts and bolts of bankruptcy appeals – the statutes, rules, and decisions governing how to obtain appellate review of different types of bankruptcy court orders and the mechanics of initiating and prosecuting appeals. The panel will also discuss the differences between the district court and the BAP appeals, as well as procedures for direct appeals to circuit courts. Finally, the panel will turn to strategic considerations, including whether and how to obtain a stay pending appeal, standards of review, and — most importantly — how to win your appeal. The distinguished panel of appellate judges and practitioners will offer their views on best practices for brief writing and conducting persuasive oral arguments in both intermediate appellate courts and circuit courts, as well as common errors to avoid in oral argument. View Materials

Hear a stimulating, high energy discussion involving a debtor's attorney, a chapter 12 trustee and a bankruptcy judge sharing the special and surprising aspects of chapter 12. Learn tips to navigate the challenges and to evaluate this chapter choice. Topics covered will include farmer and fisherman bankruptcies, cramming down homes, long term amortizations, tax benefits, and eligibility requirements. This program is not just for chapter 12 practitioners - all bankruptcy practitioners and judges will enjoy this one hour overview of one of the most fascinating chapters of the Code. View Materials

In 2010, at the height of the last economic downturn, there were almost three million foreclosure filings nationwide. It therefore is not surprising that almost all insolvency professionals will confront foreclosure at some point, either representing a lender considering a foreclosure filing or whose claim is affected by one, or a borrower facing threats of foreclosure. This Webinar will provide experienced and novice practitioners alike with the tools needed to advise on these situations. Following a brief overview of foreclosure and how it works, the Webinar will address current trends in foreclosure actions, including UCC issues, impediments to lenders foreclosing (e.g., Bank Secrecy Act, repository issues) and alternatives to foreclosure, and a comparison between foreclosure and bankruptcy (including approaches to asset sales, treatment of prepayment penalties, bad boy guarantees and restrictions on filing for bankruptcy). View Materials