Free Sessions (no CLE)

This panel will explore current chapter 11 issues from case inception to exit and will discuss current case law and trends, including nonconventional financing obstacles, the ability of a lender to obtain default interest post-petition, plan-support agreements, structured dismissals, cramdown interest rates, third-party releases and the erosion of the equitable mootness doctrine on appeal.

This panel will discuss the recent changes to the Federal Rules of Civil Procedure as they pertain to e-discovery, as well as recent case law interpreting the new rules in the bankruptcy context. Our e-discovery expert and our bankruptcy practitioners will discuss the rules from the perspective of debtors, creditors and litigation targets in commercial bankruptcy cases.

This session is a nonlegal overview of the current state of the coal and oil & gas industries and will provide a primer on terminology, extraction methods and related industries. It will also address how energy workouts and restructurings are different from traditional restructurings, and why (with a particular focus on how these companies are financed and their operations are structured — i.e., lease rights, management/servicing agreements, etc.).

Topics will include § 363 sale best practices to avoid Family Christian pitfalls, notice issues in light of Motors Liquidation Co., finding creditor consent, identifying highest and best offers, reopening an auction, and post-sale issues such as structured dismissals without a plan.

As the financial health of many of our municipalities continues to deteriorate, this very timely discussion, with experts experienced in the largest cases, will provide the pros and cons of a chapter 9 filing.

Efficient and effective preparation of petitions is a core competency for debtors’ lawyers. To that end, this panel will examine such issues as counsel’s duty to investigate a debtor’s financial affairs, best practices for doing so, appropriate use of staff, avoiding ECF misuse, and the consequences of failing to discharge these duties.

A debtor’s real property is worth less than the debt it secures. Taxes, HOA fees, fines and liability for accidents can pile up on property that a debtor can’t afford and no longer wants. This panel will examine whether a debtor can get rid of the property and these problems in bankruptcy.

Creditors seemingly rarely get paid in full in a bankruptcy, and without allowed claims, they can pretty much forget about getting anything at all. This panel will discuss the recent developments in claims litigation and strategies employed to maximize returns in bankruptcy cases for creditors (and possibly debtors).

This panel will explore claims for substantial contribution claims in connection with asset sales, involuntary petitions and other contexts in light of the expansive reading given to 11 U.S.C. 503(b)(3) by the Sixth Circuit in [Connolly title]. The panel will also address other hot topics in commercial bankruptcy cases related to claims.