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How to Stay Relevant and Busy in a Down Market

This panel will focus on the current challenging market for restructuring professionals. The faculty will share their insights into how they have maintained their practices during the current industry downturn and will tackle a broad range of questions and topics, including: What are the reasons for the downturn, and what, if anything, can restructuring professionals do to stem the downturn? How has the downturn impacted competition for clients, and what are some tips for distinguishing yourself? How do you stay relevant within your own firm to ensure that you are selected to work on restructuring matters? Is there any advice for younger professionals who are in the early stages of trying to build a career in this field? Have restructuring professionals sought new types of clients or types of restructuring work, or do some now work in entirely different practice areas? If not, should they?

Independent Directors, Beware! Corporate Governance Issues in Restructurings, Chapter 11 Cases and Liquidations

Independent board directors play a vital and increasingly important role in restructurings. Acting as an independent director has great rewards, but it also has risks in today’s restructuring environment. This panel will analyze and discuss a variety of issues related to corporate governance in restructurings and liquidations, including (a) the recruitment, appointment, role and duties of independent directors, (b) how to establish an independent board of directors, (c) the role of lawyers and financial professionals in advising a board of directors and independent directors, and (d) D&O claims, insurance and potential risks to independent directors.
1 hour 16 minutes 43 seconds

Individual Chapter 11 Confirmation Mock Hearing

This panel will conduct a mock confirmation hearing in an individual’s chapter 11 case. Issues unique to individuals who file for chapter 11, such as the applicability of the absolute priority rule and best efforts under § 1129(a)(15), will be explored during the course of the mock hearing.

Is Selling the New Reorganizing?

This nuts-and-bolts panel will cover the mechanics of § 363 sales, featuring discussions on pros and cons, current trends and recent cases, with a particular focus on credit-bidding (Fisker, Philly News and Free Lance-Star) and challenges to free-and-clear-sales (GM, Chrysler, Energytec).

Judges’ Panel

Come hear a distinguished, national panel of bankruptcy judges share their candid reflections and views about professional do’s and don’ts, effective advocacy, courtroom (in)civility and the importance of bankruptcy law and bankruptcy practice to society generally.

Keynote Presentation: “When Will We All Get Busy Again? The Next Restructuring Wave and the Next Generation of Restructuring Practice”

A timely and wide-ranging keynote discussion among leading professionals, market advisors and educators concerning current and future economic trends, predictions about the high yield and leveraged lending markets going forward and what it all means for restructuring practice in the short and long term.