Business

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.

Third-party releases in view of Behrmann v. National Heritage Foundation. Indubitable equivalent in the context of an operating company. In re River Road: what is the future of credit-bidding and indubitable equivalent plans? One impaired class: by plan or by debtor? New issues in pre-packaged plans.

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.

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.

Business Track-Fraudulent Conveyance Litigation from Soup to Nuts This program will present a mock hearing involving the myriad procedural and substantive issues associated with fraudulent-conveyance litigation brought by an estate representative, including Stern v. Marshall jurisdictional issues, Twombly and Iqbal and other issues. Bench: Hon. Joy Flowers Conti U.S. District Court (W.D. Pa.); Pittsburgh Hon. Barbara J. Houser U.S. Bankruptcy Court (N.D. Tex.); Dallas Hon. Barry Russell U.S. Bankruptcy Court (C.D. Cal.); Los Angeles Litigants: David M. Stern Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles David B. Wheeler Moore & Van Allen, PLLC; Charleston, S.C.