Business

A panel discussion of recent opinions, including In re Dynegy Holdings, Tribune and Heritage Highgate Inc., and their effect on examiner and plan confirmation issues. Issues to be discussed include: Examiner Issues including when directors and officers may be liable for restructuring, made especially relevant in In re Dynegy Holdings, and the Examiner's Report issued on March 9, 2012. Other cases to be discussed include Lyondell Chemical Co., Washington Mutual, Lehman Brothers. Select Plan Confirmation Issues including: a. Competing plans, noteholder classification, enforceability of inter-creditor agreements, made relevant in Tribune. b. Elimination of junior liens and valuation issues at plan confirmation, made relevant by the Third Circuit’s recent decision in Heritage Highgate Inc. Participants: Richard J. Corbi, Moderator Lowenstein Sandler PC; New York Eric D. Winston Quinn Emanuel Urquhart & Sullivan LLP; Los Angeles David M. LeMay Chadbourne & Parke LLP; New York Michael J. Viscount Fox Rothschild LLP; Atlantic City, N.J. W. Joshua Brant Cadwalader, Wickersham & Taft LLP; New York

ABI Labor and Employment Committee Webinar – a panel discussion of recent developments in several large complex bankruptcy cases, including Hostess, Kodak, Nortel and American Airlines.

Do “Out-of-the-Money” Creditors Have Standing? There are many chapter 11’s filed primarily to sell the collateral for undersecured creditors—meaning that there isn’t any value generated for unsecured creditors or equity. This panel will explore the various issues that result such as basic standing and the appropriateness of forming and maintaining a creditors committee and an equity committee. The panel will also discuss the various arguments put forth to justify a carveout or “gift” for unsecured creditors and the often used “pay-to-play” rule occasionally asserted by out-of-the-money creditor groups. It will also examine ways to identify unencumbered assets early in the case and the possible benefits of keeping them free from post-petition liens granted to DIP Lenders. Lastly, the panel will discuss ways to maximize the Chapter 5 claims and the use of liquidating assets.

Sharing a Piece of the Pie: Gift Plans, Structured Dismissals and Carve-Outs Often bankruptcy is the best way for under-secured creditors to optimize collateral recoveries. But the price for bankruptcy relief is that secured creditors must share their recoveries with out-of-the money constituencies. This panel will explore such sharing arrangements in a variety of contexts–carve outs, gift plans and structured dismissals.