Business

Will bankruptcy courts stay enforcement of springing guaranties post confirmation? The need for one impaired class: should impairment be per case or per debtor? Separate classification of mortgage deficiency claims. New value plans: compare In re Global Ocean Carriers Limited to In re Beal Bank. Does the Till interest rate apply in commercial real estate cases? Indubitable equivalent plans in the real estate context. Implications of RadLAX.

Sales “free and clear”—how far are the courts going under current law, including sales involving IP and patent licenses? Is Precision Industries still alive and well?

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.

Stern v. Marshall: One Year Later In June 2011, the Supreme Court issued its watershed decision in Stern v. Marshall, restricting the scope of bankruptcy court jurisdiction under Article III of the Constitution. Stern has confounded judges, litigants and commentators alike. Although characterized by the Supreme Court as a “narrow” decision, Stern is proving to have widespread implications, the full extent of which remain to be seen as cases work their way through the bankruptcy, district and appellate courts. This panel will survey the contexts in which Stern has posed issues, the decisions construing and applying Stern in the year since it was decided, and the possible legislative responses to the decision.

Financial projections are the foundation for most enterprise valuation. How much deference should management projections be accorded? How do you determine whether projections are unrealistically optimistic or pessimistic? What is the relevance of "market consensus"? How do management's incentives impact projections? Hear what this ABI panel of experts has to say on business projections and more at this live webinar. Approved for 1.0 CLE hours in CA, GA, HI, IL, NY (approved jurisdiction policy) SC, TX. Pending in DE, FL, PA, TN

Hedge funds are an integral part of the current-day corporate restructuring world in larger cases. Some argue that their involvement provides added sources of liquidity and is beneficial to the process. Others contend that hedge funds' efforts to game the process and their singular focus on profits, often at the expense of reorganization, has transformed the restructuring process in a negative way. This panel of hedge fund players and restructuring advisors will debate these and other issues.

Should Stern be applied under a broad or narrow interpretation? Compare In re Bellingham with In re Direct Response Media Inc.

Business: The World has Changed You’d Better Know the Alternatives to Bankruptcy