Business

This panel will discuss the recent BVI Court of Appeal decision of Net International Property Limited v. Erez (22 Feb. 2021), along with recent decisions in Hong Kong, Singapore, England and Wales. The panelists will also consider alternatives to recognition and assistance, and practical considerations when there are joint appointments with BVI liquidators.

Section 506(c) and 552(b) waivers have become a staple in the pre-petition-lender-turned-DIP-lender toolbox. But what are the unsecured creditor’s tools for pushing back, and the arguments for why value that accrued post-petition might properly be reserved for junior creditors? Apart from collateral battles, this panel will explore the types of securities or other considerations that some plans have distributed to the class junior to the fulcrum security in acknowledgment of the potential asset appreciation not fully realized at the time of plan negotiation, as well as the ABI Commission’s recommendation to implement a “Redemption Option Value” — and the challenges that such structures pose.

In today’s bankruptcy world, most major cases involve at least one pre-petition class action. This panel will focus on the distinction between mass tort claims and other types of class actions, recent case law addressing the proper procedures for asserting class claims, the allowance of class claims and compensation of class counsel, and the final resolutions of class claims, either by way of settlement or pursuant to plans. Other cutting-edge issues surrounding class claims also will be discussed.

FERC & PUC jurisdictions are not confined to oil and gas. What lessons can we take from that space for broader application in other regulated energy sectors? When does CFIUS review come into play, and what is involved?

Today’s chapter 11 cases tend to include upfront announcements of the debtor’s preferred exit strategy. We often see the debtor’s first-day announcement of a pre-negotiated plan structure or an already “half-baked” sale process, as well as DIP loan covenants, driving the announced strategy to a quick and assured conclusion. But what if that plan or sale process is not designed (perhaps intentionally so) to accurately reflect the business’s true inherent worth? This panel will explore how a debtor’s ultimate valuation can be determined more by the bankruptcy process than by the underlying business data.

As chapter 11 practice continues to evolve, restructuring support agreements (RSAs) are being used with increasing frequency by companies seeking to de-lever their balance sheets or sell assets, both pre-petition and post-petition. This panel will provide an explanation of these agreements, discuss their pros and cons from the perspective of various parties, review common objections that have been made to the approval of RSAs, and describe the approval process in court proceedings.

This panel will discuss improper purposes and the use of chapter 11 (NRA and Stream TV Networks, Inc.), analyze chapter 11 issues in liquidating cases, and cover what attorneys and other professionals need to know when preparing chapter 11 liquidation plans.

This informal panel of judges will discuss the latest and most interesting cases they have presided over, and the lessons they’ve learned.