No CLE

Avoidance actions are necessary not only for crossovers, but also for stakeholders with some frequency or practice in non-mega venues. This panel will dive into avoidance actions and their role in restructuring.

This panel will discuss whether avoidance action is property of the estate, a trustee’s right to sell, and derivative standing issues.

The panel will discuss legal and practical issues arising out of bank failures. Following a brief overview of precipitating factors in recent bank failures, the panelists will discuss the legal framework for bank liquidations through FDIC receiverships, including their effects on deposit customers and borrowers. While banks are liquidated by the FDIC, related entities, such as bank holding companies, often look to bankruptcy courts to address their issues. The panelists will discuss the issues that arise with bank holding company bankruptcies, including key bankruptcy provisions and their interplay with the FDIC liquidation.

A good insolvency professional knows that bankruptcy is not necessarily a good fit for every distressed situation. This panel will discuss why bankruptcy is not always the best option, and why alternatives such as assignments for the benefit of creditors, receiverships and Article 9 sales might be better fits.

In this session, an FBI agent, a U.S. attorney, an Assistant U.S. Trustee and a bankruptcy trustee will discuss the who, what, when and why of bankruptcy crimes, including the relationship between a criminal prosecution and a contemporaneous bankruptcy case or cases involving the criminal defendants, either as principals of the debtor or the debtors themselves.

This panel will discuss the wide-ranging changes to the Bankruptcy Code resulting from the 2005 amendments, and how they do and do not continue to affect bankruptcy practice today.

This panel will lead attendees through negotiating and crafting polished purchase agreements and sale pleadings to avoid contested sale hearings and post-closing disputes.