Business

We all know how hard it is to confirm a chapter 11 plan. This panel will discuss cutting-edge issues related to confirming your chapter 11 plan so that you can arm yourselves for the inevitable battle — or negotiate confirmation with superior knowledge of the likely outcome.

Great Debates Timothy J. Hurley, Moderator Taft Stettinius & Hollister LLP; Cincinnati Resolved: Impairment is a good thing and should be encouraged. Pro: Hon. Kevin J. Carey U.S. Bankruptcy Court (D. Del.); Wilmington Con: Hon. John E. Hoffman U.S. Bankruptcy Court (S.D. Ohio); Columbus, Ohio Resolved: If you get caught hiding assets from the piper, you should pay the piper — with exempt assets. Pro: Hon.Eugene R. Wedoff (ret.) U.S. Bankruptcy Court (N.D. Ill.); Chicago Con: Hon.James M. Carr U.S. Bankruptcy Court (S.D. Ind.); Indianapolis Resolved: You should not be permitted to assert your claim against me. I'm new Jim.Go see Old Jim. Pro: Hon. Robert E. Gerber (ret.) U.S. Bankruptcy Court (S.D.N.Y.); New York Con: Bill Brandt Development Specialists, Inc.; New York

Consumer Debate Resolved: An out-of-statute proof of claim violates the FDCPA. Business Debate Resolved: Assets can be sold free and clear of liens in state court receiverships. Judges Debate Resolved: Third-party releases should not be allowed in chapter 11 plans.

Resolved: A “workaround” contract provision is enforceable after Baker Botts v. ASARCO. Resolved: If a mortgage includes a security interest in a mortgage escrow account, the mortgage loan can be modified under § 1322. Resolved: Section 1129(a) requires an impaired accepting class for each debtor.

Great Debates Paul M. Nussbaum, Moderator Whiteford Taylor Preston, LLP; Baltimore Resolved: A structured dismissal that violates the absolute priority rule should never be permitted. Pro: Craig Goldblatt WilmerHale; Washington, D.C. Con: Hon. Kevin J. Carey U.S. Bankruptcy Court (D. Del.); Wilmington Resolved: Asset sales under § 363 should lawfully be free and clear of successor-liability claims. Pro: Hon. Robert E. Gerber (ret.) U.S. Bankruptcy Court (S.D.N.Y.); New York Con: William P. Weintraub Goodwin Procter LLP; New York

Section 363 sales have become a widely accepted, if not preferred, method of monetizing the assets of a debtor in chapter 11 bankruptcy. This expert panel will discuss the hot and emerging topics related to § 363 sales.

The panel will discuss how Puerto Rico can implement economic growth and fiscal stability measures and right-size its debt obligations, and the legal, political and financial tools that can be used to achieve an optimal outcome for Puerto Rico and its people, businesses and creditors.

How do hedge funds and other distressed investors think about the world? Our panelists know the answers! Come and learn how distressed investors examine opportunities in bankruptcy cases and how they think about pursuing their objectives during a bankruptcy case.

Commercial chapter 11 has suffered double-digit percentage decreases in in the number of filings in each of the past three years. This plenary session will be conducted by a law firm marketing expert, who will provide advice on obtaining market share in a down market. Jim Durham, chief marketing and business development officer at Littler Mendelson and author of The Essential Little Book of Great Lawyering and The Law Firm Marketer’s Guide to Survival, will provide marketing advice, including getting known, getting referrals, maximizing client satisfaction and increasing profit.

Valuation panels have generally focused on how to value debtors and their stock. But what about valuing debt, the other form of consideration that is generally issued under a bankruptcy plan? The session will discuss coverage ratios and other credit metrics, comparability, the impact of covenants and other terms, credit reporting and rating, and more.