Business

Appeal granted; decision reversed. This panel will offer practical advice and best practices and strategies related to preserving, presenting and winning bankruptcy appeals. The panelists will also discuss some of the most demanding legal and subject-matter challenges confronting appellants as they seek to reverse unfavorable bankruptcy court rulings.

This session will provide practical tips from professionals — everything a mid-level associate should know about how to prepare a company to file chapter 11, as well as the coordination among advisors that is necessary along the way.

This session will provide practical tips from professionals — everything a mid-level associate should know about how to prepare a company to file chapter 11, as well as the coordination among advisors that is necessary along the way.

Take it to the limits in this commercial bankruptcy session while examining whether lenders should push for deal terms that are not contemplated by, nor consistent with, local rules or practice concerning financing orders. In an “emergency” filing that is followed by an immediate asset sale, why aren’t directors and officers exposed for undue delay, and what happens to that claim?

Get up to date on recent confirmation developments, including cram-ups/reinstatements since Momentive, including the Momentive remand trial; excising third-party releases from a confirmed plan (In re Thru Inc.); nonconsensual releases (Seaside Engineering); vote-designation (Fagerdala (in which a secured lender purchased sufficient unsecured claims to block plan confirmation (9th Cir.)), LightSquared); classification (Novinda (in which litigation claims against a creditor justified separate classification from other unsecureds (10th Cir. BAP))); per plan vs. per debtor (Transvest, Charter, Tribune); and whether all similarly situated creditors should have the right to participate in rights offerings, financings, etc. (PacDrilling).

This panel will explore recent cases and trends of credit bidding in chapter 11 cases. Many lenders are now requesting up-front approval of credit bid rights in debtor-in-possession financing orders, which would curtail the bankruptcy court’s ability to modify or limit credit bidding rights under Bankruptcy Code § 363(k) later on when the assets are auctioned. The panel will examine recent decisions on credit bidding and what limitations courts have applied to a secured creditor’s right to credit bid in bankruptcy cases. The panel will also explore cross-border issues concerning credit bidding on groups of assets that are be owned by foreign entities, and the interplay between courts concerning the sale of these types of assets.

This panel will discuss the retention issues under Section 327 v. 362, Jay Alix Protocol, and other retention topics.