Video

Are lenders finding strategies to avoid the Code’s landlord protections? This panel will explore whether a debtor’s obligation to timely perform is being honored, rejection/assumption rules modified in DIP orders, use of nunc pro tunc rejection to minimize claims, and other issues in today’s retail cases.

This panel will explore the trend of private-equity firms and hedge funds favoring out-of-court workouts (with or without a pre-packaged or pre-arranged bankruptcy case) rather than traditional chapter 11 cases for achieving their restructuring goals. The panel will also debate whether the Chapter 11 Reform Commission’s recommendations adequately address such issues. Cases to be discussed include Tribune Co. fraudulent conveyance litigation, Sun Capital, ICL Holding and Sabine Oil & Gas Corp., et al.

The webinar will discuss various rules and orders governing the process of mediation in bankruptcy, focusing on Ch.5 causes of action. The webinar also explores time tested strategies for resolving avoidance actions at the mediation.

Panel #1 Financing and Restructuring Alternatives Available to Distressed Borrowers Prior to Filing for Bankruptcy; Will Include a Market Overview of the Current Lending Environment Panel #2 The Restructuring Process, Including DIP Financing in Bankruptcy and Emergence Lending Options and Opportunities

HOSTED BY THE LEGISLATION COMMITTEE The “safe harbor” under section 546(e) of the Bankruptcy Code protects from avoidance certain securities, commodities and financial transactions. Similarly, section 547(c)(6) protects the fixing of true statutory liens from preferential transfer avoidance. This year, the scope and application of the section 546(e) safe harbor has been reshaped by several courts, including the Second and Seventh Circuits. Panelists will discuss recent case law affecting the effectiveness of section 546(e), helping shareholders and other parties in interest participating in an LBO to examine the issues and different results produced by the courts. Panelists will also discuss how recent oil & gas bankruptcies have reignited an expansion of the section 547(c)(6) safe harbor.

This webinar will focus on how pending criminal or regulatory proceedings may affect the estate’s pursuit of litigation claims arising from a commercial fraud case. Speakers will address the Fifth Amendment, coordinating with the criminal and regulatory authorities for items such as file-access requests to the SEC, potential stays of civil litigation, asset forfeitures, and more! This panel not only includes attorneys who have dealt with these issues, but also attorneys who previously worked for the U.S. Attorney’s Office or the SEC.

“This panel will discuss how to deal with the public debt and equity securities in the plan solicitation and distribution process. Topics will include (i) a general discussion of the plan solicitation process and how the bankruptcy code provisions intersect with the federal securities laws, (ii) issues of particular interest to indenture trustees and holders of notes, including issues relating to adequacy of notice, voting and solicitation concerns and an update on recent indenture-related litigation, and (iii) an overview of the complex issues that may arise during the distribution process, both to equity and bond holders, including notice, trading and payment issues.”

HOSTED BY THE ASSET SALES COMMITTEE Is the absolute priority rule dead? This webinar discusses the In re Jevic holding and its implications in various contexts, including asset sales and chapter 11 plan confirmations.

This panel will discuss the three major segments that are ripe to go through distress in the next several years, namely residential care, durable medical equipment, and testing labs/imaging facilities. The panel will also discuss hospital cases (including the sale of nonprofits to for-profits).

This panel will explore current chapter 11 issues from case inception to exit and will discuss current case law and trends, including nonconventional financing obstacles, the ability of a lender to obtain default interest post-petition, plan-support agreements, structured dismissals, cramdown interest rates, third-party releases and the erosion of the equitable mootness doctrine on appeal.