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Hot Topics, Emerging Trends and Supreme Court Decisions
A panel of judges will discuss hot topics including the latest developments regarding the absolute priority rule in individual cases, the Supreme Court's decision in RadLAX, developing jurisprudence in the aftermath of Stern v. Marshall and other topical issues.
Confirmation Roundtable
Third-party releases in view of Behrmann v. National Heritage Foundation. Indubitable equivalent in the context of an operating company. In re River Road: what is the future of credit-bidding and indubitable equivalent plans? One impaired class: by plan or by debtor? New issues in pre-packaged plans.
Real Estate Cases
Will bankruptcy courts stay enforcement of springing guaranties post confirmation? The need for one impaired class: should impairment be per case or per debtor? Separate classification of mortgage deficiency claims. New value plans: compare In re Global Ocean Carriers Limited to In re Beal Bank. Does the Till interest rate apply in commercial real estate cases? Indubitable equivalent plans in the real estate context. Implications of RadLAX.
Avoidance Actions (In re TOUSA Inc.)
Has TOUSA changed the legal standard for what is reasonably equivalent value? What is the fate of affiliate guarantees? Do lenders now need to investigate the use of the loan proceeds?
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