Business

How Clear is “Free and Clear” under § 363? You’re a Real Character: When Can Debt Be Recharacterized as Equity? How Can I Get a One of Those: A Third Party Release? A panel discussion of lawyers with more than 100 years of bankruptcy experience, moderated by a bankruptcy judge who used to be a corporate lawyer. The panel will discuss recent court decisions and focus on unique issues that can arise when a debtor seeks to sell estate property “free and clear,” including whether § 363 can be used to sell real property free of an otherwise valid lease, the debate over whether and under what circumstances a bankruptcy court may rule that a facially valid loan is really subordinated equity, and whether post-Stern bankruptcy courts have the authority to grant releases to non-debtors and, if so, under what conditions.

This panel will explore recent bankruptcy filings and out-of-court restructurings, as well as what is on the horizon in the maritime industry, particularly regarding shipping conglomerates, terminal owners, service providers and E&P explorers.

What issues are likely to be raised by tough clients, and how do you best address them? Join the panelists as they help you weave your way through this and other ethical minefields.

Join this superstar panel in exploring the very latest developments in consumer bankruptcy law.

What do you do when your opposing counsel’s financial expert is known as the Villain of Wall Street? Come learn how to uncover and expose statistical lies, false logic, trickery and graphical “sleight of hand” during this humorous presentation.

Hosted by the Bankruptcy Litigation and Commercial Fraud Committees This panel will explore whether and how far U.S. avoidance provisions might apply extraterritorially, and will discuss the challenges and pitfalls of alternate theories of recovery.

Hosted by the Secured Credit and Unsecured Trade Creditors Committees Unsecured trade creditors and secured creditors confront similar plan analysis issues, including gerrymandering, vote incentivization schemes, drop dead provisions, and golden shares. The panel will discuss some of those “creative” plan provisions and interesting confirmation issues that impact both secured and unsecured creditors.

Hosted by the Consumer Bankruptcy and Young and New Members Committees A panel of experienced judges and lawyers will discuss some of the challenging issues in individual chapter 11 cases, including: the absolute priority rule, conflicts of interest, case administration, appointment of trustees, differences between Ch. 11 and Ch. 13, and plan feasibility.