Litigating the Cramdown Rate “Cram down” requires full payment of secured classes. This, in turn, requires a present value analysis of the dividends secured creditors will receive under the plan. This panel will review what debtors and secured creditors need to show to establish a cramdown rate and the nuts-and-bolts evidentiary issues joined by cramdown litigation.
Professional Development Track: Litigation Skills
Mock Expert Examination
R. Scott Williams, Moderator
Haskell Slaughter Young & Rediker, LLC; Birmingham, Ala.
Judge: Hon. Gregg W. Zive
U.S. Bankruptcy Court (D. Nev.); Las Vegas
Direct Exam: Dillon E. Jackson
Foster Pepper PLLC; Seattle
Cross Exam: Lynnette R. Warman
Hunton & Williams LLP; Dallas
Witness: James Peko
Grant Thornton LLP; New York
This broad panel, which includes a banker, will discuss how to effectively restructure a Mexican company. Key areas will be identified, as well aspotential pitfalls.
Business Track - Pushing the Envelope
This program will feature a discussion of the aggressive provisions that debtor's, lender's and buyer's counsel have been trying to insert into DIP orders, sale orders and confirmation orders.
Will bankruptcy courts stay enforcement of springing guaranties post confirmation? The need for one impaired class: should impairment be per case or per debtor? Separate classification of mortgage deficiency claims. New value plans: compare In re Global Ocean Carriers Limited to In re Beal Bank. Does the Till interest rate apply in commercial real estate cases? Indubitable equivalent plans in the real estate context. Implications of RadLAX.
Sales “free and clear”—how far are the courts going under current law, including sales involving IP and patent licenses? Is Precision Industries still alive and well?
Sharing a Piece of the Pie: Gift Plans, Structured Dismissals and Carve-Outs Often bankruptcy is the best way for under-secured creditors to optimize collateral recoveries. But the price for bankruptcy relief is that secured creditors must share their recoveries with out-of-the money constituencies. This panel will explore such sharing arrangements in a variety of contexts–carve outs, gift plans and structured dismissals.