No CLE

Creditor and equity committees have an important role in maximizing recoveries chapter 11 cases. Both formal and ad hoc committee can dramatically influence the course of a chapter 11 and the ultimate shape of a chapter 11 plan. This panel will explore legal tools and practical strategies available to committees in seeking to deliver better results for their constituents, as well as the risks involved and the likelihood of success.

This panel will address numerous chapter 13 hot topics, such as the use of the national plan, modified national plan and local plans, the treatment of special claims in plans, end-of-case issues, the modification of plans and related topics.

This panel will review the implications — both good and bad — of the new plan and Rule changes from the debtor, creditor and trustee perspective and discuss what is working, what is not, workarounds, and what further reform is needed.

This panel will focus on numerous chapter 7 issues, such as avoidable transfers, abandonment, exemptions, reopening of cases and asset-protection trusts.

Have you ever had your expert sink your case with the wrong words? This no longer needs to be the case. Learn how to get the best testimony out of nonprofessional witnesses, including business owners and CFOs. This panel will discuss various evidentiary matters, including the use of affidavits, how to get hearsay in, special rules for business owners (valuation testimony and how to make it credible), direct testimony and business records.

Hosted by the Asset Sales and Secured Credit Committees

Recent court decisions will impact future commercial restructuring. The panel will provide an overview of the four most pressing issues in commercial restructuring over the past year, including debt recharacterization, third party releases, cram down interest rates, and rights of dissenting bondholders in out of court workouts. In each instance, our expert panelists will provide an overview of the issue at hand, recent case law developments, and considerations of their impact on future restructurings.

This session will cover a number of recent confirmation hot topics, including refinancing of secured loans in bankruptcy (BOKF NA v. Momentive Performance Materials Inc..); rights offerings and unfair discrimination (In re TCI 2 Holdings LLC); substantive consolidation with nondebtors (In re Archdiocese of St. Paul and Minneapolis); and per plan, not per debtor, confirmation (In the Matter of Transwest Resort Properties Inc.).

This panel will address various ethical issues including conflicts, chapter 7 bundling and payment arrangements, and chapter 11 retention and fee applications. Learn how to identify potential conflicts, and discover strategies to deal with them. The panel will also discuss the negotiation of fee agreements before and the application for payment of fees during bankruptcy cases.