Business

This panel will evaluate the Company’s ability to generate future cash flows sufficient to cover its obligations. This evaluation should include the viewpoints of each of the constituencies involved in the case (Debtor, Unsecured, Successor) on what the restructured debt/liability levels should be, and how the Company’s future cash flows can support their view of these obligations, including the potential to eventually refinance.

This session covers a number of recent confirmation hot topics, including structured dismissals and the absolute priority rule (In re Jevic Holding Corp.), interpretation of the Trust Indenture Act (Marblegate Asset Management v. Education Management Corp.), frontloading notice in prepacks (In re Roust Corp.), permissibility of nonconsensual third-party releases (In re Millennium Lab Holdings II LLC), and cross-border confirmations (Nortel Networks).

How can your client satisfy § 1129 of the Bankruptcy Code when most creditors seem only inclined to “just say no”? Join this panel of leading experts as they explore the best strategies to obtain confirmation of a plan, and hear the arguments that are favored by objecting creditors but create the most heartburn for debtors.

From your first contact with your client until the entry of a discharge order and the closing of the case, risks for consumer malpractice claims abound. This panel will focus on minimizing those risks, including properly engaging the client, effectively gathering the information necessary to adequately comply with the myriad requirements and disclosures necessary to successfully commence and conclude a consumer bankruptcy case, and guarding against other hazards that could create problems for your client and for you.

In an environment where business takes place largely without regard to borders, avoidance proceedings can catch suppliers off-guard. This panel will discuss the similarities and differences among local avoidance regimes and the challenges facing suppliers dealing across borders. The panel will also address the issues encountered in attempting to enforce cross-border avoidance judgments. The panelists will also examine the scope by which bankruptcy courts may (and may not) adjudicate avoidance actions under chapter 15, as well as how avoidance actions are administered pursuant to the European Insolvency Regulation and Canadian insolvency legislation.

This panel will discuss the domestic reach of the foreign stay (Sanjel) and recognition of judgments/rulings in cross-border cases, including offshore bankruptcies, as well as non-U.S. companies filing for chapter 11 and the consequences thereof (Ocean Fisheries, Hanjin and Abengoa)

Insolvency practitioners from the U.S., Canada, the Caribbean and South America provide an overview of the most significant insolvency-related developments in their respective jurisdictions.