No CLE

In an informative and fun game show format, this panel will present a whole host of valuation issues that arise in bankruptcy.

This program will explore the boundaries of the sub rosa plan doctrine in a variety of contexts potentially arising in chapter 11 cases. The focus will be on efforts to resolve the relationship of the debtor to all or many of its creditor constituencies and equity-holders that arguably deviate from the priority and procedural schemes of the Bankruptcy Code. Included among the areas examined will be (1) secured creditor/acquirer carve-out and/or gifting agreements, (2) structured dismissals following § 363 sales, (3) settlements of significant or global controversies, (4) lock-up and plan-support agreements, and (5) significant distribution or settlement arrangements made in the context of DIP financing or asset sales made jointly with nondebtor parties.

Judges’ rapid-fire roundtables on today’s provocative issues, with judges changing tables every 20 minutes.

Judges’ rapid-fire roundtables on today’s provocative issues, with judges changing tables every 20 minutes.

Resolved: Unsecured creditors entitled to post-petition interest can only be paid at the federal judgment rate. Pro: Rachel C. Strickland Willkie Farr & Gallagher LLP; New York Con: Joseph H. Smolinsky Weil, Gotshal & Manges LLP; New York Resolved: Actual fraud under § 523(a)(2)(A) is limited to misrepresentation. Pro: G. Eric Brunstad, Dechert LLP; Hartford, Conn. Con: Danielle Spinelli . WilmerHale; Washington, D.C. Resolved: Negative-notice procedure is sufficient to establish consent under § 363(f). Pro: Hon. Thomas J. Catliota U.S. Bankruptcy Court (D. Md.); Greenbelt Con: Hon. Martin R. Barash U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills

This panel will explore the conflicts of law between estate planning and bankruptcy. Debtor’s counsel, beware: Life estate, remainder interest, trust or power of attorney may not be safe in bankruptcy. The panel will examine recent bankruptcy cases addressing the validity of estate-planning techniques designed to protect assets that then wreak havoc on pre-bankruptcy planning, timing and chapter selection and that can have significant implications on debtors and their nonfiling family members.

While they share many similarities, individual chapter 11 cases are markedly different from chapter 13 cases. This session will highlight the differences between these two types of cases and the potential pitfalls that exist for the uninformed practitioner.

You have worked hard, and you are certain that you have brought benefit to your client. Now you need to convince the fee examiner of that. This panel, which features leading fee examiners from throughout the country, will discuss the ins and outs of fee examiner interactions.

This panel will discuss the rationale and practical consequences of the nuanced approach to the often difficult concept of valuation in Chapter 11 taken by the ABI Chapter 11 Commission’s recommendations.