No CLE

Hosted by the Business Reorganization and Unsecured Trade Creditors Committees This session will focus on recent case law developments in the area of executory contracts. The panelists will discuss issues concerning gathering agreements and the Sabine Oil decision, collective bargaining agreements, telecommunication agreements and more.

This panel will consider issues related to the preparation and presentation of first-day motions, including strategies for guiding the company through the pre-filing process, efficient and timely collection of relevant data, and the presentation of necessary information to the court.

This panel will discuss avoidance actions, defenses to preference actions and review sixth and seventh circuit cases in relation to each.

In recent years, fiduciary duties have dominated the landscape of bankruptcy cases. Often, claims against officers and directors are the only source of recovery for unsecured creditors. This panel will examine recent trends and case law impacting officers and directors in bankruptcy cases. The panel will also discuss best practices for counsel representing debtor officers and directors.

This panel will address the differences between the laws of various Caribbean nations (Nevis, Cayman, Panama) and the U.S. concerning the creation of various legal entities/structures to hold assets, as well as those nations’ laws concerning (1) privacy, (2) taxation, (3) piercing the corporate veil/sham structure and (4) avoidance actions. This session will also consider U.S. courts’ jurisdictional ability to enter and enforce orders affecting such entities and their power to assert jurisdiction over persons who are involved with and professionals who represent such entities.

This panel will review the shift of leverage to hold-out creditors and the requirement that structured dismissals must adhere to the absolute priority rule outside of a plan.

Is Technology Creating Liability for Lenders? Stay Now or Pay Later: The Discharge Injunction

This panel will explore the myriad issues that arise in chapter 7 and 11 cases when the debtor is the sponsor of an employee retirement benefit plan, including 401(k) plans and pension plans.