Business

Past Presidents’ Debate: Michael P. Richman Hunton & Williams LLP; New York Deborah D. Williamson Cox Smith Matthews Incorporated; San Antonio Resolved: Secured creditors should be required to fund the payment of all administrative claims and make a distribution to general unsecured creditors as a condition of cleansing substantially all of the debtors’ assets through a § 363 sale process. Judicial Debate: Hon. Kevin J. Carey U.S. Bankruptcy Court (D. Del.); Wilmington Hon. Frank J. Santoro U.S. Bankruptcy Court (E.D. Va.); Norfolk Resolved: A claim is not impaired for purposes of § 1129(a)(10) if the alteration of the rights in question arises solely from the debtor’s exercise of discretion, because § 1129(a)(10) recognizes impairment only to the extent that it is driven by economic need. Consumer Debate: John Rao National Consumer Law Center; Boston Brett Weiss Chung & Press, PC; Greenbelt, Md. Resolved: The Bankruptcy Rules and Forms should require that a national chapter 13 official plan form be used in all cases.

The Final Report of the Commission to Study the Reform of Chapter 11 is the culmination of more than two years of testimony, advisory reports and deliberations. In this 90-minute webinar, several members of the Commission and the official reporter will present the key findings as submitted to Congress. Written materials will be provided.

This panel will address the entitlement of a secured lender with a "blanket lien" on a company’s assets to share in the going concern or enterprise value of that company when it is liquidated in a § 363 sale or otherwise dealt with under a chapter 11 plan. The circumstances under which such sharing in “going concern” value has been permitted, the cases on both sides of the issue, and the policy arguments in favor of and against the secured lenders’ right to access such value to satisfy its secured claim will be explored.

There are many lawyers and business professionals who enter the restructuring world without accounting or business backgrounds and have a learning curve to overcome when it comes to, for instance, getting a snapshot of the current financial picture of a business by reviewing financial statements or understanding what goes into monthly operating reports and cash flow analyses. This webinar will therefore serve as a useful tool for professionals by: *Reviewing in a non-technical manner accounting basics for beginners; *Reviewing financial statements and monthly operating reports and the types of information included in such documents; *Explaining what restructuring professionals look for when reviewing financial statements or MORs to determine the issues facing a given company. Click here to get Back to Basics Series - 3 Videos together.

In 2012, an ABI commission examined the role of hedge funds in chapter 11 cases, including the impact of such funds on the bankruptcy process. Among other things, the study found that hedge funds were prevalent in chapter 11 cases and played an “activist role” in shaping bankruptcy outcomes. Despite this finding, many lawyers and business professionals who enter the restructuring world lack familiarity with hedge funds, how they function and how they can apply in a bankruptcy context. This webinar will serve as an introductory primer on hedge funds in bankruptcy and will: *Provide a non-technical overview of hedge funds and hedge fund concepts for beginners; *Explain how hedge funds can come into play in a bankruptcy case; *Explain how hedge funds can positively or negatively impact the bankruptcy process; and *Provide tips for professionals on dealing with hedge fund issues in bankruptcy cases. Click here to get Back to Basics Series - 3 Videos together.

In keeping with the theme of “understanding financial concepts,” this webinar focuses on how financial information should be presented in a litigation scenario. This is certainly not a topic limited to attorneys, as it is often financial advisors, investment bankers, accountants and other professionals who must support litigation efforts or serve as experts in eliciting testimony about financial documents. To provide restructuring professionals with a useful resource in understanding how to present financial documents as evidence, this webinar will offer the following: *A non-technical overview of rules of evidence applicable when analyzing and presenting financial documents for discovery or as trial evidence *Tips on presenting financial information and eliciting (or providing) expert testimony regarding financial documents. Click here to get Back to Basics Series - 3 Videos together.

Latest post-petition interest litigation, make-whole payments (School Specialty, AMR), OID, etc. (ResCap, KV Pharma); enforceability of intercreditor agreements; class-action certification in bankruptcy (Rodriguez); settlement payments (Quebecor); post-Stern consent to jurisdiction cases (Sixth, Seventh and Ninth Circuits); § 502(d) disallowance under KB Toys; fraudulent transfer update (Tribune, Sentinel)

In today’s environment, several options exist for effectuating a restructuring of a company in distress. When is a chapter 11 filing the best option given the costs, risks and potential for reputational damage, and when is it not? This panel will discuss the fundamental questions to be asked when considering the alternatives to bankruptcy and, more specifically, when bankruptcy preserves or creates value.

A panel of judges will discuss best practices in oral and written advocacy.

ABI Past-Presidents Panel on Current Developments in the News