Business

Much has changed in the world of corporate restructuring since the Bankruptcy Code was passed in 1978. ABI's review commission has been operating since last April, gathering information about whether and how corporate bankruptcy law could be reformed to make the process more effective and result in greater maximization of values for all stakeholders. Hear about the process, and the policies under review, from the Commission co-chair and three others from the 20-member Commission.

How to manage the public side of a chapter 11 case, dealing with customers, vendors, employees, union members, press, shareholders, etc.; use of websites and public relations firms; FAQs; comfort orders and confidentiality restrictions

A panel of judges will discuss current issues that divide the circuits and other hot topics relevant to both consumer and business bankruptcy practitioners.

The Power to Veto Bankruptcy Sales: Sports Leagues and Other Franchisors

Consumer Track: The Appellate Process This panel will explore recent issues in appellate practice that are of interest to both consumer and business practitioners, including the ability to bypass intermediary appellate courts and take appeals directly to the circuit courts.

Chapter 11 Track: Creditors’ Committees and the Role of Indenture Trustees and Related Issues This panel will focus on the unique issues facing the indenture trustee when it elects to serve on a creditors’ committee, including how to balance potentially conflicting fiduciary duties, how to get paid, how to navigate through the plan-negotiation process and other similar types of issues.

This panel will focus on the irrational biases for decision-making in bankruptcy. The essence of bankruptcy is deciding how to divide the debtor's metaphorical shrinking economic pie among qualified creditors. At its optimum, bankruptcy decision-making is efficient and rational. However, at other times even the most skilled bankruptcy practitioners are stymied by the inability of bankruptcy participants to make seemingly rational business decisions. Why can't everyone be rational? Decision-making is not a rational process. Behavioral economic scholars such as Daniel Ariely and Daniel Kahneman explain that we all have psychological biases that interfere with our ability to make objectively rational decisions. Bankruptcy practitioners who understand these biases learn strategies to influence them and thus enhance optimal bankruptcy decisionmaking.

The panel will explore many of the major differences between U.S. chapter 11 and the Concurso Mercantil and discuss such topics as bondholder recognition, classification of claims, creditor voting and confirmation of a reorganization plan, financing issues and sale of assets.

The panel will focus on some of the significant corporate restructurings and leading bankruptcy decisions in Mexico rendered under the Ley de Concurso Mercantil. Holdings and implications from decisions such as Durango, CCM and Vitro will be discussed.

The panel will discuss attempts to apply creditor protections and applying the concept manifestly against public policy.