Business

This panel will focus on drafting skills for bankruptcy and restructuring attorneys. It is intended to provide a practical “how to” discussion and analysis of negotiating and drafting chapter 11 sale documents and pleadings, including asset-purchase agreements, bid-procedure motions and orders, sale motions and orders, and related documents. The session will also provide form documents and discuss heavily negotiated or scrutinized provisions.

There are two common scenarios in which the valuation of a company’s debt securities might need to be assessed. If the consideration under a bankruptcy plan includes debt, how do we determine whether that debt will trade at par, and what disclosure is required? If a buyer in a § 363 sale proposes to issue debt as payment, how should this be valued? Are the considerations the same in these two scenarios?

This session will focus on trucking and transportation, post-BAPCPA retail, the PG&E filing, agriculture, building products and home goods, and for-profit higher education.

Take a look forward as this panel predicts where the Code will be in the next 40 years. Will venue be mandated or constricted? How will student loans be handled? What technologies will be in the courtrooms of the future? Does current case law foreshadow what is to come? How will the international insolvency landscape change? Will there even be a need for bankruptcy?

In Czyzewski v. Jevic Holding Corp., the U.S. Supreme Court held that a bankruptcy court cannot approve a structured dismissal that provides for distributions outside the ordinary priority rules without the affected creditor's consent. This panel will discuss the survival of structured dismissals and class skipping settlements after Jevic. The panel will address how courts around the country have handled theses issues following the 2017 Jevic decision.

This panel is a great way to stay ahead of your peers and adversaries! The panelists present a cutting-edge review of the most important decisions of the day that could impact your practice.

The judges will discuss ethical issues involved with the representation of parties in bankruptcy proceedings. Topics for discussion include pre-filing obligations (e.g., investigation of assets, conflicts, employment and fee-sharing agreements), duties upon filing the case (e.g., disclosures, fee applications, § 341 meetings, adversary proceedings), and ongoing and other obligations (e.g., fee disgorgement, duties throughout a chapter 13 proceeding, sanctions). The discussion will consider federal bankruptcy statutes, federal and state rules of procedure, and state rules for attorney conduct.