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RSAs: The Best Strategies

This panel will discuss threshold considerations, risks and benefits of, and in-court and out-of-court strategies for entering into, an RSA from the perspectives of the debtor and the fulcrum creditor, as well as other key constituents. We will also survey outcomes in recent cases that were commenced with RSAs in place.
1 hour 14 minutes 48 seconds

Rule 3015 Discovered

Be the first to understand what new Bankruptcy Rule 3015 means to you, if anything (Rule 3015 can be elected or not in a given district), and to fellow attorneys in nearby districts. Our panel of experts will discuss how certain districts are implementing this new rule.
1 hour 1 minutes 14 seconds

Sealing the Deal: Negotiating, Documenting and Consummating Settlements in Bankruptcy

This interactive nuts-and-bolts panel will discuss three phases of settlements in the context of a bankruptcy case: (1) negotiating a settlement, including evaluating the benefits of settlement versus litigation risk and expense, negotiating tactics and strategies, and the role of the mediator; (2) drafting term sheets and settlement agreements, an overview of the law on the enforceability of term sheets and settlement agreements (both pre- and post-court approval), and the components of the settlement agreement; and (3) consummating the settlement, with an emphasis on Federal Rule of Bankruptcy Procedure 9019 standards, the necessary components of a motion to approve compromise, presentation to the bankruptcy court, the bankruptcy court’s role in evaluating the settlement and the court’s order approving the settlement, the nonbankruptcy aspects of a settlement, and post-settlement actions.
1 hour 9 minutes 22 seconds

Short Arguments on Interesting Chapter 11 Topics

This panel will consist of four short "moot court/pro-con" presentations on current chapter 11 issues, with the Judge to be a “hot bench” and also give his insights at the conclusion of each segment.

Special Issues Involving LLC

This panel will discuss the viability of bankruptcy remote LLC structures after Intervention Energy Holdings and Lake Michigan Beach Pottawattamie Resort, and the fiduciary duties of members. The panel will also explore derivative claims, special concerns regarding single-member LLCs, and sales of LLC interests.
57 minutes 14 seconds

Stranger Things in Chapter 13

Balloon payments, assets acquired post-petition, student loan classifications and discharged debts related to criminal activity: Can these issues be navigated without throwing a debtor’s plan upside down? Catch up on strategic tips and considerations that will help you get your debtor to the other side of a chapter 13.
1 hour 11 minutes 59 seconds

Stranger Things in Chapter 13

Balloon payments, assets acquired post-petition, student loan classifications and discharged debts related to criminal activity: Can these issues be navigated without throwing a debtor’s plan upside down? Catch up on strategic tips and considerations that will help you get your debtor to the other side of a chapter 13.
1 hour 11 minutes 59 seconds