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Texas Two-Step of Tort Liability (J&J)
Over the past decade, companies burdened with significant asbestos and other tort liability have utilized the so-called “Texas Two-Step” strategy to separate those tort liabilities from core assets and resolve them through the chapter 11 bankruptcy process. This session will cover isolating liabilities to preserve ongoing value with mass torts and corporate side changes, and subsequent bankruptcy issues, including venue, ongoing operations, valuations and third-party releases.
Challenges Facing Secured Creditors in Asset Sales
This panel will focus on covering lenders’ perspectives on chapter 11 strategy and options, such as note sales, out-of-court restructurings or formal bankruptcy sales, and will discuss lenders’ and borrowers’ perspectives on regulatory challenges and procedural issues, such as anti-trust and environmental concerns, that are sometimes raised during a bankruptcy case, as well as issues with § 363 sales, DIP milestones and restructuring support agreements.
Subchapter V Landmines: What, Where and How to Deal with Them
This panel of subchapter V experts will discuss the multitude of issues that have developed since the enactment of the statute, and how practitioners can best deal with these issues.
Corporate Governance in Financially Distressed Companies
This session will cover the use of independent special committees/directors and will include a discussion on what independence entails, including extended family relationships/financial referral relationships, even if they are not formalized.
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