Business

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.

This panel will discuss examples of when and how t use valuation opinions and expertise, and the fee structure pitfalls that can impact credibility. When is it appropriate (if ever) to use success fees for valuation opinions.

This panel will re-examine the statutory bases for venue, proper and improper, as well as recent and past case law applying those statutory provisions to either keep a case where it was filed to to transfer it to a different district.

IP experts will shed light on the mysteries of understanding IP law and navigating the often puzzling sales processes, drawing from their experiences in Nortel, Kodak and other important cases.

Discussion on the chapter 7 trustees’ powers to do a carve-out, the new use of short sales in chapter 7, and the most effective way to sell assets in today’s economic environment. Does the creditor have a say in the trustee’s course of action?