This panel will discuss the obstacles that debtors and creditors face when attempting to effectuate a sale of a debtor’s assets through a fast-track § 363 sale motion at the outset of a case. The discussion will include (a) the advantages and disadvantages, from both the debtor and creditor perspective, of selling a debtor’s assets through a motion as opposed to a plan, (b) limitations of “free and clear” relief, (c) valuation and marketing on a short timeframe, and (d) insider transactions.
No asset cases, not so fast. The treasure trove of invisible assets: avoidable transfers, fraud claims, clawbacks and other approaches to finding assets in assetless cases.
This panel includes practitioners and a distinguished bankruptcy judge who will survey current business bankruptcy developments, including a wide range of issues from bankruptcy courts’ jurisdiction, venue and constitutional authority to other practical issues affecting estate professionals, plan confirmation and enforcement, avoidance actions and other bankruptcy-related litigation.
This panel will address current developments and improvements in DIP financing, including incurring credit in the ordinary course, priming liens, fairness, adequate protection, loan fees, mootness and good faith.
This panel will focus on the twists, turns and strategic, tactical and litigation considerations that arise in 363 sales of substantially all of a chapter 11 debtor’s business assets, including the special challenges posed by the sale of a professional services firm.
This panel will explore the basics of chapter 11 cases through the lenses of bankruptcy judges, U.S. Trustees, debtor's counsel, unsecured creditors’ committees and individual creditors. There will also be a particular focus on litigation strategies and skills, as chapter 11 filings continue to be more sale-oriented, resulting in a greater emphasis on claims and avoidance litigation.