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The Challenges of Cramming Down a Chapter 11 Plan and Indubitable Equivalence
The absolute priority rule: trials and tribulations of new value. Cram down issues with 1111(b)(2) and Pacific Lumber. Practical considerations when litigating non-debtor releases.
Issues in Energy Restructurings
Discussion of trends and forecasts in energy industry; introduction to the fundamentals of oil and gas investing and relevant legal/business issues
Who’s Running the Company?
Selection of CRO and establishment of a scope and chain of command; role of CRO and other officers in intercompany disputes in multi-debtor cases; negotiating pre- and post-confirmation equity/incentives for officers and directors; selecting a post-confirmation board of directors; issues and actions constituting “cause” for appointment of trustee or examiner motion; appointment and role of examiner in recent cases (Rescap, Dewey, Dynegy)
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