Business

How can your client satisfy § 1129 of the Bankruptcy Code when most creditors seem only inclined to “just say no”? Join this panel of leading experts as they explore the best strategies to obtain confirmation of a plan, and hear the arguments that are favored by objecting creditors but create the most heartburn for debtors.

From your first contact with your client until the entry of a discharge order and the closing of the case, risks for consumer malpractice claims abound. This panel will focus on minimizing those risks, including properly engaging the client, effectively gathering the information necessary to adequately comply with the myriad requirements and disclosures necessary to successfully commence and conclude a consumer bankruptcy case, and guarding against other hazards that could create problems for your client and for you.

In an environment where business takes place largely without regard to borders, avoidance proceedings can catch suppliers off-guard. This panel will discuss the similarities and differences among local avoidance regimes and the challenges facing suppliers dealing across borders. The panel will also address the issues encountered in attempting to enforce cross-border avoidance judgments. The panelists will also examine the scope by which bankruptcy courts may (and may not) adjudicate avoidance actions under chapter 15, as well as how avoidance actions are administered pursuant to the European Insolvency Regulation and Canadian insolvency legislation.

This panel will discuss the domestic reach of the foreign stay (Sanjel) and recognition of judgments/rulings in cross-border cases, including offshore bankruptcies, as well as non-U.S. companies filing for chapter 11 and the consequences thereof (Ocean Fisheries, Hanjin and Abengoa)

Insolvency practitioners from the U.S., Canada, the Caribbean and South America provide an overview of the most significant insolvency-related developments in their respective jurisdictions.

Bill Rochelle will review the cases creating a bankruptcy buzz that practitioners should be aware of.

This panel will discuss current trends in energy, from gas production to the coal market to alternative forms. What will the industry look like 10 years from now? Do we need coal? Updates of current markets, as well as recent bankruptcy cases and issues, will be addressed, including the rejection of gathering agreements and the upward trend in requests for equity committees in commodity cases (Breitburn, Penn Virginia, Energy XXI, Horsehead, SandRidge, C&J, Peabody).

Amazon PRIME is great for consumers, but is it killing merchants that have physical stores, along with the mall owners that house those stores? Join our panelists as they review the key issues in recent merchant and mall owner bankruptcies and restructurings, and find out what the future holds for these troubled industries.

In many bankruptcy cases, unhappy creditors look for someone to blame — and for a source of recovery when the debtors’ assets are not sufficient. Claims against directors and officers — often alleging conflicts of interest or second-guessing business judgments — can serve both purposes, and the existence of insurance coverage makes these claims even more attractive. This panel will discuss D&O claims from both the estates' and defendants’ perspectives, and will review recent case law you need to know about if you are involved in a D&O litigation.