Business

A group of trustees, receivers and professionals tell their most interesting stories about uncovered rip-offs and how the perpetrators pulled them off — almost. The panel then discusses how the cases were dealt with in bankruptcy court and how funds were recovered — or not.

This panel, comprised of investment bankers, lawyers and principals of hedge funds, explores whether, when and how the goals and strategies of hedge funds and private-equity funds in chapter 11 cases differ from those of other creditors, including banks, insurance companies, trade creditors, unions and governmental agencies.

The First Circuit Court of Appeals decision in Mission Product Holdings Inc. v. Tempnology LLC held that the absence of trademarks from the definition of intellection property in § 101(35A) of the Bankruptcy Code means that, unlike other types of intellectual property, a licensor’s rejection of a trademark license deprives its licensee of any right to continued use of the mark. The Supreme Court has accepted certiorari in the case and is expected to issue a decision late this Spring on the question of whether, under Bankruptcy Code § 365, a debtor-licensor’s rejection of a license terminates rights of the licensee that would survive the licensor’s breach under nonbankruptcy law. This panel will analyze the reach of the question presented, examine the arguments briefed, interpret the scope and breadth of the Court’s decision (assuming it is rendered before the term concludes), and consider the implications for commercial licensing and bankruptcy administration.

The First Circuit Court of Appeals decision in Mission Product Holdings Inc. v. Tempnology LLC held that the absence of trademarks from the definition of intellection property in § 101(35A) of the Bankruptcy Code means that, unlike other types of intellectual property, a licensor’s rejection of a trademark license deprives its licensee of any right to continued use of the mark. The Supreme Court has accepted certiorari in the case and is expected to issue a decision late this Spring on the question of whether, under Bankruptcy Code § 365, a debtor-licensor’s rejection of a license terminates rights of the licensee that would survive the licensor’s breach under nonbankruptcy law. This panel will analyze the reach of the question presented, examine the arguments briefed, interpret the scope and breadth of the Court’s decision (assuming it is rendered before the term concludes), and consider the implications for commercial licensing and bankruptcy administration.

This panel will explore hot-button issues relating to sales, including: limitations on credit bidding; successor liability and related due process considerations; releases for purchasers under sale orders; and the standard for allowance of break-up fees. The panel will also reflect on lessons learned from the emergency section 363 sale of Lehman.

This panel will discuss preferences and fraudulent conveyances, the Fairfield cases relating to extraterritoriality, and whether returning the funds acts as a defense (Kingsley v. Wetzel (In re Kingsley), 518 F.3d 874, 877-78 (11th Cir. 2008)) versus what the Seventh Circuit has ruled on the issue (Nostalgia Network Inc. v. Lockwood, 315 F3d 717, 720 (7th Cir. 2002)).

All constituents in the chapter 11 plan process want their reorganized debtors to be wildly successful. This panel will focus on how the chapter 11 process can be used to satisfy the feasibility standard in § 1129(a), with an emphasis on avoiding subsequent filings, and will outline the top 10 tricks to improve feasibility.

Money talks and lending trends: This session will highlight consumer banking issues, technical aspects in cryptocurrency, and fintech.

This panel will discuss recent developments in bankruptcy court class actions, including class proofs of claim, class settlements embedded in chapter 11 plans, arbitration and class action waivers, and jurisdictional issues affecting a bankruptcy court’s authority to preside over putative nationwide class actions by debtors for discharge violations and other similar claims.