No CLE

Session 1: Understanding Executory Contract Rejection: Damages, Valuation and Strategy When a debtor files for bankruptcy, it has the option to reject executory contracts, or agreements under which both parties have yet to completely fulfill their obligations. In this panel discussion, experts will explore the process of evaluating the rejection of executory contracts, particularly in cases where the debtor is considering rejecting one or more supplier contracts (vs. leases or other financial obligations of the debtor) and where the case is likely to result in a sale. We will cover: the reasons why a debtor might reject a contract, and the evaluation process for making this decision; the process of accessing the rejection damages to enable bid comparisons and informed planning and decision-making; and how the courts rule on comparing bids that differ on rejections and damages, including the legal standards used to determine the appropriate compensation for the other party. Whether you represent creditors or debtors, or are interested in learning more about contract rejection, this webinar will provide you with valuable insights into the complex world of bankruptcy law and real-world case studies. Join us to gain a deeper understanding of the decision-making process and potential damages involved in rejecting executory contracts.

This session will provide a detailed look at homestead and tenancy by the entirety exemptions, as well as retirement assets in bankruptcy.

This session will be divided into three 25-minute mini-panels, with each segment featuring two industry experts from the automotive, real estate and skilled nursing/senior care industries, respectively. The panelists will highlight the latest hurdles these often unpredictable businesses face in a volatile post-COVID-19 economy, including the effects of inflation, ongoing staffing and supply chain issues, potential liquidity crunches and other challenges.

This panel will focus on cross-border financial crime in a restructuring setting, including FCPA or sanctions violations, valuation fraud and money laundering.

This panel will discuss what liquidation expenses are; proofs-of-debts costs; submission, adjudication and appeals; creditor committee costs; trusts; liquidators as trustees (Berkeley Applegate); and liquidating trusts.

This session will cover several confirmation hot topics, including the allowance of mass tort issues, equity-linked DIP facilities, Purdue and third-party releases, exclusivity, mootness, good faith and other confirmation issues.

This session will discuss the broader policy debate on the usefulness, functionality and policy issues of examiners and trustees in chapter 11. ➤ Bankruptcy examiners drive up the cost of the bankruptcy process and generally do not deliver benefits that justify their expense and distraction. ➤ Bankruptcy examiners play an important role in ensuring the integrity of the bankruptcy process and should be appointed more regularly. ➤ Typically, it should be the role of an official committee, rather than an examiner, to investigate estate causes of action in circumstances that implicate the debtor’s insiders such that the debtor is conflicted.

Judicial Debate: Tough Issues in Subchapter V Cases Past Presidents Debate: The Efficacy of Third Party Releases

If you suddenly became the owner of Batman’s secret cave, would you know how to value it, lease it or sell it? Could you transfer it in a § 363 sale, or could you cancel any claims Batman and others may have on the permanently installed Bat Computer? This session reveals the panelists' oddest adventures in real estate, and the latest in commercial real estate trends.