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Maximizing Value of the Bankrupt Estate
This panel will focus on alternative fees in bankruptcy and litigation financing, pursuing claims against third parties and derivative claims/reflective losses, the assignment of claims and court sanctioning.
Crossfire (2022 Bankruptcy Battleground West)
This panel will be conducted in the format of the TV show “Crossfire” and will address three “hot” or “interesting” bankruptcy issues that are not being addressed in the other sessions. At the conclusion of each discussion, attendees will have an opportunity to vote on how they believe the issue should be resolved.
Post-Confirmation Trusts: Structuring for Success (or Bust) in the Afterlife
Post-confirmation trusts increasingly have become a popular means of obtaining plan confirmation and administering estate assets, pursuing litigation, and resolving a variety of disputes in chapter 11. While the use of post-confirmation trusts provides a host of benefits, it may provide traps for the unwary. This panel will explore issues and challenges that frequently arise in structuring and implementing post-confirmation liquidating and litigation trusts, including preservation and limitations of estate powers, analysis and pursuit of litigation, and practical challenges to winding down assets after former officers, directors and employees are no longer incentivized (or compensated) to cooperate. The panel will bring a wealth of nationwide experience to bear, along with the perspectives of post-confirmation fiduciaries, debtors and creditors alike.
Mass Tort Bankruptcies in Review
This panel will analyze and explore issues and obstacles faced by debtors, creditors and other interested parties in recent mass tort bankruptcy cases. Topics to be covered will include tort claimant committees and government plaintiffs, estimation and jury trials, and channeling injunctions and settlement trusts.
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