Video

There are many lawyers and business professionals who enter the restructuring world without accounting or business backgrounds and have a learning curve to overcome when it comes to, for instance, getting a snapshot of the current financial picture of a business by reviewing financial statements or understanding what goes into monthly operating reports and cash flow analyses. This webinar will therefore serve as a useful tool for professionals by: *Reviewing in a non-technical manner accounting basics for beginners; *Reviewing financial statements and monthly operating reports and the types of information included in such documents; *Explaining what restructuring professionals look for when reviewing financial statements or MORs to determine the issues facing a given company.

- What Every Restructuring Professional Should Know about Financial Statements and Monthly Operating Reports - What Every Restructuring Professional Should Know about Using Financial Documents as Evidence - What Every Restructuring Professional Should Know about Hedge Funds

Following an introductory video clip about the dangers of social networking in litigation, a panel featuring a judge, a trustee and a practitioner will lead a discussion on the inherent risks in using social networking, some of the ethical issues involved, and suggestions for how to manage these business and ethical risks that are associated with the ever-changing world of social networking.

This panel will discuss a variety of issues surrounding the use of plan-support agreements, including their structure, goals and benefits, their impact on non-signatories, disclosure and solicitation issues, lessons learned from recent cases (Innkeepers and Indianapolis Downs), and the applicability of plan-support agreements in middle-market cases.

Two litigants will argue plan confirmation issues before a panel of three judges. These issues may include treatment of make-whole premiums, cure and reinstatement to avoid payment of default interest, plan releases and exculpation, whether multiple debtors must each satisfy § 1129 requirements in a nonsubstantively consolidated plan, plan settlements, post-petition lock-up agreements, the dischargeability of unknown claims, death traps and gifting.

This panel will discuss the variety of issues that can arise in an individual chapter 11 case and will cover the issue of limited representation — the subject that the Ethics Task Force report presented at this year’s Annual Spring Meeting. This session will also be of interest to counsel representing lenders, who are often just as befuddled when it comes to handling individual chapter 11 cases.

This panel will discuss the various types of evidentiary privileges that arise in bankruptcy practice — including joint-defense privilege, Fifth Amendment, attorney/client privilege and husband/wife privilege — and how they may be inadvertently waived. The session will also include what happens to these privileges in connection with 363 asset sales, the establishment of liquidating trusts and other sticky issues.

Several authors of ABI’s recent publication, The Chief Restructuring Officer’s Guide to Bankruptcy, will be joined by other experts to discuss various issues raised in the book and provide practical insight into the rights and responsibilities of CROs in distressed situations.

This program will cover recent developments in distressed-asset sales. Topics will include successor liability, finality of sales and adherence to procedures, the interplay between §§ 363 and 365(h), intellectual property sale issues, break-up fees, collusive bidding issues and other topical issues.

An issue consistently raised during the course of the Consumer Bankruptcy Fee Study was the effect of higher bankruptcy costs and the cumbersome and time-consuming bankruptcy process on distributions to unsecured creditors. Given that increasing creditor distributions was a reason for BAPCPA’s enactment, that this question was ripe for exploration. Prof. Lupica will present the findings of her study and the panel will discuss.