Does the absolute priority rule still require absolute priority?; protecting stock transfers from avoidance actions through the use of 11 U.S.C. § 546(e); implications of the Dodd-Frank Act; substantive consolidation; liquidating Chapter 11s: potential conflicts of interest when unsecured creditors’ committee is the liquidating agent; credit-bidding issues.
Amendments to Fed. R. Bankr. P. 3001; payment of tax claims; if a debtor surrenders real property post-confirmation in a Chapter 13 case, can the creditor file a deficiency claim and be paid under the Chapter 13 plan?; treatment of claims for ongoing condominium dues that accrue post-petition in a Chapter 13 when the debtor proposes to surrender the collateral.
The panelists will discuss the “nuts and bolts” of chapter 9, including who can seek relief under chapter 9, which sections of the Code apply, plan formation and plan confirmation. The balance of the program will focus on recent developments in the law resulting from the recent significant increase in chapter 9 cases, as well as a discussion of the current financial strains on states and municipalities that should result in a further increase in filings.
Municipalities and local government agencies have been forced to slash budgets during the recession. What can these entities do to restructure? Issues to be discussed include the reasons for municipal restructurings, eligible entities, restructuring options, state law remedies, and pension and legacy liabilities.