This session will examine the new Eastern District of Michigan (Detroit) program, touch upon the Eastern District of Michigan (Flint/BC) program, and compare and discuss programs in other districts. Panelists will explain the substantive and procedural differences for trial modifications, permanent loan modifications and plan modifications.
A working understanding of cross-border restructuring principles has become a mainstay of contemporary practice. This panel will cover cross-border fundamentals, including the application of § 109 to foreign cases, the enforceability of foreign judgments and granting comity in a chapter 15 case involving third-party releases (In re Sino-Forest Corp. and Ad Hoc Group of Vitro Noteholders v. Vitro, S.A.B. de C.V. (In re Vitro S.A.B. de C.V.)).
This panel will explore ways to draft pre-petition settlement agreements so that they are “bankruptcy- and preference-proof.” Post-petition settlement agreements will be addressed, with a focus on a discussion of releases, further assurance clauses, indemnification issues, and the settlement of various types of contested matters and adversary proceedings such as claims objections and avoidance actions.
This panel will survey current business bankruptcy developments, including issues ranging from bankruptcy courts’ jurisdiction, venue and constitutional authority to other practical issues affecting estate professionals, plan confirmation and enforcement, avoidance actions and other bankruptcy-related litigation.