No CLE

Hosted by Financial Advisors and Investment Banking & Unsecured Trade Creditors Committees This panel will discuss the strategic use of valuation evidence throughout the life of a chapter 11 case, from financing and sale process to confirmation and fraudulent conveyance/other litigation.

Regional judges will strive to answer questions on current issues.

This panel will introduce attendees to subchapter V of chapter 11, and its streamlined process for small business reorganizations. The panelists will cover the expectations, roles and responsibilities of the key participants in the subchapter V case, including the bankruptcy judge, debtors, creditors, the U.S. Trustee and the subchapter V trustee. The panelists also will compare and contrast subchapter V with a regular chapter 11 case in such key areas as eligibility of the debtor for subchapter V, first-day motions, cash-collateral usage, adequate protection, the role of the subchapter V trustee, plan formulation, consensual vs. cramdown plans, and the reorganized debtor’s responsibilities post-confirmation.

Some things in life are crystal clear; others are amorphous. When your client is untruthful during the bankruptcy process, you, as counsel, must do certain things. This panel will identify the relevant Bar rules, codes of professional conduct, Bankruptcy Code sections, Bankruptcy Rules and other authorities that will help practitioners identify troublesome situations and implement solutions.

This panel will present a lively debate addressing current trends in DIP financing. Who are (and are not) DIP lenders these days? What opportunities and challenges arising from the amortization of Main Street lending programs should practitioners be aware of? How is DIP financing being used to buttress liability-management transactions? How big should a DIP loan be, and what issues arise in corporate governance when a company seeks a DIP? When do DIP protections go too far?

Hosted by Business Reorganization & Consumer Bankruptcy Committees This panel will discuss the impact on consumers, and consumer bankruptcy cases, when a consumer lender or loan-servicer files for chapter 11.

Professionals are critical to maximizing estate assets and confirming reorganization plans. This interactive panel, comprised primarily of nonlawyers and estate professionals, will highlight effective and ineffective uses of professionals, and will define best practices in working with professionals so that attorneys and professionals can better serve debtors and trustees.

This panel will discuss the historical relationship between secured and unsecured creditors in reorganization cases, and explore recent instances where the groups have worked together to create value for their constituents. The panelists will include an overview of the key positions taken by each group, and will provide first-hand descriptions of how the constituents were able to achieve consensus.