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Plan Support Agreements/Pre-Arranged Cases
This panel will discuss a variety of issues surrounding the use of plan-support agreements, including their structure, goals and benefits, their impact on non-signatories, disclosure and solicitation issues, lessons learned from recent cases (Innkeepers and Indianapolis Downs), and the applicability of plan-support agreements in middle-market cases.
Preferences for Dummies
The rules regarding recovery of preferential transfers and available defenses can vary from court to court and circuit to circuit. This panel will provide financial advisors with what they need to know to understand the current state of the law on preference recoveries and will provide practical advice to enable financial professionals to conduct their own preference analyses.
Mock Hearing: Confirmation Issues
Two litigants will argue plan confirmation issues before a panel of three judges. These issues may include treatment of make-whole premiums, cure and reinstatement to avoid payment of default interest, plan releases and exculpation, whether multiple debtors must each satisfy § 1129 requirements in a nonsubstantively consolidated plan, plan settlements, post-petition lock-up agreements, the dischargeability of unknown claims, death traps and gifting.
Individual Chapter 11s
This panel will discuss the variety of issues that can arise in an individual chapter 11 case and will cover the issue of limited representation — the subject that the Ethics Task Force report presented at this year’s Annual Spring Meeting. This session will also be of interest to counsel representing lenders, who are often just as befuddled when it comes to handling individual chapter 11 cases.
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