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.video-container {position:relative; padding-bottom:56.25%;padding-top:30px;height:0; overflow:hidden;}.video-container iframe {position:absolute;top:0;left:0;width:99%;height:100%;} Although Congress expanded the power of the bankruptcy courts to decide matters that were “related to” bankruptcy cases four decades ago, the United States Supreme Court’s decisions in Stern and Wellness have created uncertainty about bankruptcy court jurisdiction with which lower courts still struggle, and any litigator handling ancillary matters that relate to bankruptcy estates must understand and analyze jurisdictional strategies for the benefit of their clients. The webinar's panelists will discuss key issues regarding the limitations of bankruptcy jurisdiction, which may include frequently litigated issues concerning “related to” jurisdiction, consent for the bankruptcy court to issue final orders, the bankruptcy court’s power to enjoin litigation against nondebtors, the impact of jury demands, standards and strategies in withdrawing the reference of matters from the district court, and issues concerning the appellate process. Recent case of interest will be discussed.

Bankruptcy sales differ in many respects from non-bankruptcy sales. This webinar highlights some of the unique provisions in the asset purchase agreement that may vary between a bankruptcy and non-bankruptcy sale that practitioners should be aware of when drafting and negotiating in the context of a bankruptcy sale, including, for example, applicability of covenants, conditions, indemnities and hold-backs.

Hosted by the Business Reorganization Committee For many chapter 11 debtors, the issuance of new debt and/or equity pursuant to a rights offering is a useful tool to ensure that the reorganized company will have sufficient liquidity upon emergence. In most cases, the ability to subscribe to all or a portion of a rights offering will be awarded to stakeholders on account of their claims or interests. However, a key component of a rights offering is a backstop commitment, which is often open only to a small subset of self-selected stakeholders (the “Backstop Parties”). In exchange for providing the backstop commitment, these Backstop Parties typically receive a separate commitment fee and/or break-up fee, which is often crucial to securing their commitment. The compensation offered to Backstop Parties was at issue in recent decisions in a number of cases, such as Seadrill, Pacific Drilling, Claire’s, Peabody, and CHC Helicopters. Non-backstopping stakeholders have challenged the compensation offered to Backstop Parties on a variety of grounds, including that the proposed fees are unreasonable or unnecessary to the reorganization, or give rise to disparate treatment among creditors in violation of the Bankruptcy Code. This webinar will review the recent decisions, the factors considered by courts in approving compensation for Backstop Parties, and potential alternative ways of structuring rights offerings and the compensation for Backstop Parties. View Materials

Join authors of the newly published second edition of ABI’s Quick Evidence Handbook as they discuss best practices and inside tips for gathering and presenting evidence in bankruptcy court. The panel will explore common evidentiary issues encountered in a bankruptcy case and provide practical information for how to navigate those issues in a hearing or at trial. The webinar promises to be an interesting and valuable discussion for anyone participating in a bankruptcy litigation, from the novice lawyer approaching his or her first hearing or trial, to an experienced bankruptcy practitioner needing a refresher or new tips before heading into a contested hearing. This webinar is hosted by the Bankruptcy Litigation Committee.

Will the challenges facing restaurants--significant increases in the cost of labor, the pressure to invest in and provide e-commerce offerings, higher debt loads, investor return expectations—tilt the industry towards an increase in bankruptcies? Are restaurants slated to follow the path of general retailers, which, according to an analysis by BankruptcyData, have experienced a 35% YTD increase in bankruptcies? If so, what restructuring options are available either out of court or in Chapter 11? This webinar will explore these questions, along with key legal and investment banking issues.

Hosted by the Asset Sales Committee This webinar will provide an overview of key provisions to be included in Section 363 asset sale orders. Speakers will cover both a basic introduction to the topic, as well as an advanced discussion on issues such as “highest and best offers” and limitations on free and clear orders. The elements discussed will be relevant to various constituents including buyers, debtors and other parties in interest.

The mediation may be done but the work has just begun. Drafting the settlement agreement in a form that is enforceable and captures the intent of all parties can be a formidable task. Who drafts it? What must be included, at a minimum? Is it a final agreement or just an outline to be later committed to an agreement? Pitfalls are everywhere - let our expert panel of speakers guide you through the process!

Join panelists as they explore the issues of confidentiality and privilege in bankruptcy mediations. The panel will discuss the current landscape for what may be the most critical component to the success of a mediation; and delve into what parties and courts are, and/or should be, doing to protect and preserve parties' reasonable expectations regarding the confidentiality of all that is said and exchanged during the course of a bankruptcy mediation. It promises to be an interesting discussion for anyone representing a party, or otherwise participating, in a bankruptcy mediation.

Hosted by the Consumer Bankruptcy and Legislation Committees A fresh start is now becoming less attainable for many debtors because the traditional "all-up-front" attorney fee approach discourages filing for chapter 7. Some attorneys are solving this problem by splitting pre-petition and post-petition services into separate agreements to allow post-petition payments for post-petition work. The panel will discuss the practical need for this type of fee arrangement, the nuts and bolts of this payment arrangement, the pros and cons of such a system, where it is and where it is not allowed under existing law, a discussion of the current case law concerning such a system, and various policy considerations under review by ABI's Consumer Bankruptcy Commission.

This panel will focus on what the numbers mean, who cares about them and why they care — and why you should care, too.