Business

While financial and economic issues generally dictate whether a restructuring is likely to be successful, the success of a restructuring often will be meaningfully impacted, either positively or negatively, by more intangible factors that are at play. This presentation will examine the ways in which restructuring professionals, rather than the company’s balance sheet and industry outlook, may materially affect the restructuring landscape, including how such professionals approach financial and operational distress, prepare the restructuring game plan, communicate with the client and its stakeholders, and generally manage the restructuring process. Restructuring professionals’ adherence to applicable ethical obligations and professionalism best practices are critical to this process. Learn the essential “dos” and “don’ts” and other “rules of the road” for professionals in restructurings.

This panel will discuss threshold considerations, risks and benefits of, and in-court and out-of-court strategies for entering into, an RSA from the perspectives of the debtor and the fulcrum creditor, as well as other key constituents. We will also survey outcomes in recent cases that were commenced with RSAs in place.

Be the first to understand what new Bankruptcy Rule 3015 means to you, if anything (Rule 3015 can be elected or not in a given district), and to fellow attorneys in nearby districts. Our panel of experts will discuss how certain districts are implementing this new rule.

This interactive nuts-and-bolts panel will discuss three phases of settlements in the context of a bankruptcy case: (1) negotiating a settlement, including evaluating the benefits of settlement versus litigation risk and expense, negotiating tactics and strategies, and the role of the mediator; (2) drafting term sheets and settlement agreements, an overview of the law on the enforceability of term sheets and settlement agreements (both pre- and post-court approval), and the components of the settlement agreement; and (3) consummating the settlement, with an emphasis on Federal Rule of Bankruptcy Procedure 9019 standards, the necessary components of a motion to approve compromise, presentation to the bankruptcy court, the bankruptcy court’s role in evaluating the settlement and the court’s order approving the settlement, the nonbankruptcy aspects of a settlement, and post-settlement actions.

This panel will consist of four short "moot court/pro-con" presentations on current chapter 11 issues, with the Judge to be a “hot bench” and also give his insights at the conclusion of each segment.

This panel will discuss the viability of bankruptcy remote LLC structures after Intervention Energy Holdings and Lake Michigan Beach Pottawattamie Resort, and the fiduciary duties of members. The panel will also explore derivative claims, special concerns regarding single-member LLCs, and sales of LLC interests.

The once booming golf course industry has resorted to bankruptcy as a way to address operational and liquidity issues. This panel explores the financial challenges facing America’s golf courses and selected restructuring issues that debtors and creditors face in their attempts to reorganize.