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The Limited Liability Company is an ever more popular business entity structure. Its popularity makes perfect sense in that it is designed to limit owners’ personal liability and to provide greater contractual flexibility in all aspects of company ownership, management, allocations, and distributions, among many other things. LLCs may also offer significant tax benefits. However, state LLC law and its interplay with federal bankruptcy law is a minefield of trouble for the LLC debtor or where one or more members of an LLC are the debtors in a bankruptcy proceeding. This panel will explore the unique issues that LLCs present in bankruptcy. Believe it, if you have not seen this issue yet, you are about to!

This program will explore (i) how courts have implemented recent rules dealing with e-discovery; (ii) TAR and other software tools to manage e-discovery; and (iii) unique e-discovery issues in bankruptcy cases and adversary proceedings.

How Clear is “Free and Clear” under § 363? You’re a Real Character: When Can Debt Be Recharacterized as Equity? How Can I Get a One of Those: A Third Party Release? A panel discussion of lawyers with more than 100 years of bankruptcy experience, moderated by a bankruptcy judge who used to be a corporate lawyer. The panel will discuss recent court decisions and focus on unique issues that can arise when a debtor seeks to sell estate property “free and clear,” including whether § 363 can be used to sell real property free of an otherwise valid lease, the debate over whether and under what circumstances a bankruptcy court may rule that a facially valid loan is really subordinated equity, and whether post-Stern bankruptcy courts have the authority to grant releases to non-debtors and, if so, under what conditions.

Will the challenges facing restaurants--significant increases in the cost of labor, the pressure to invest in and provide e-commerce offerings, higher debt loads, investor return expectations—tilt the industry towards an increase in bankruptcies? Are restaurants slated to follow the path of general retailers, which, according to an analysis by BankruptcyData, have experienced a 35% YTD increase in bankruptcies? If so, what restructuring options are available either out of court or in Chapter 11? This webinar will explore these questions, along with key legal and investment banking issues.

This panel will explore recent bankruptcy filings and out-of-court restructurings, as well as what is on the horizon in the maritime industry, particularly regarding shipping conglomerates, terminal owners, service providers and E&P explorers.

What issues are likely to be raised by tough clients, and how do you best address them? Join the panelists as they help you weave your way through this and other ethical minefields.

Join this superstar panel in exploring the very latest developments in consumer bankruptcy law.

What do you do when your opposing counsel’s financial expert is known as the Villain of Wall Street? Come learn how to uncover and expose statistical lies, false logic, trickery and graphical “sleight of hand” during this humorous presentation.

Hosted by the Bankruptcy Litigation and Commercial Fraud Committees This panel will explore whether and how far U.S. avoidance provisions might apply extraterritorially, and will discuss the challenges and pitfalls of alternate theories of recovery.

Hosted by the Secured Credit and Unsecured Trade Creditors Committees Unsecured trade creditors and secured creditors confront similar plan analysis issues, including gerrymandering, vote incentivization schemes, drop dead provisions, and golden shares. The panel will discuss some of those “creative” plan provisions and interesting confirmation issues that impact both secured and unsecured creditors.