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1111(b) Wizardry
This panel will discuss the § 1111(b) election in modern times. It’s not the rule against perpetuities, but it’salso not as simple as your basic loan default. Do you know how to analyze whether making the electionmakes sense? Perhaps more importantly, do you know how to counsel your client through the process?
Making the Most of a Litigation Trust’s Retained Causes of Action
When retained causes of action are the only recoveries for residual stakeholders, having the right toolkit —with tools sharpened and up to date — is essential to preserving and maximizing value. This panel will coverstatute-of-limitations issues, including the Golden Creditor Rule; identify pitfalls to avoid when bringingderivative claims, including in pari delicto; review lessons learned in bringing claims against equity sponsors;revive the concept of lender liability; provide tips of the trade for maximizing insurance recoveries; andexplain the § 546(e) safe harbor jurisprudence, among other relevant topics.
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