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The Intersection of the Federal Arbitration Act and the Bankruptcy Code: Whose Discretion Is It, and What Does It Mean to the Future of Bankruptcy?
Neither the Bankruptcy Code nor the Bankruptcy Code’s legislative history contains an exception to the Federal Arbitration Act (FAA). As a result, bankruptcy courts grappling with whether to enforce an arbitration clause in bankruptcy have focused on whether there is an inherent conflict between the Bankruptcy Code and enforcement of arbitration pursuant to the FAA. The determination that arbitration is required could be the death knell for bankruptcy debtors. This panel will explore, in instances where arbitration is required, how to avoid jeopardizing the central objectives of the Bankruptcy Code that enable debtors to obtain a fresh start, as well as how to ensure uniformity of results to avoid what could be “wildly inconsistent” outcomes in arbitration that impact debtors on an individual and case-by-case basis.
The Party’s Over; Now, Who’s Cleaning Up?: The Post-Apocalyptic Landscape Following a § 363 Sale
The purchaser has bought all the assets, and management has a new boss. Who is left to clean up, and what are the tax, governance, potential claims against management and D&O implications that need to be addressed should the case convert? This session will address these issues and more.
ABI Talks: Super-Speedy Prepacks: What Are They Good For?
Earlier this year, a chapter 11 case was filed and a plan confirmed in 19 hours. A one-day prepack offers several advantages to creditors and debtors alike. What cases are a good fit for a lightning-speed chapter 11, and what due process concerns must be satisfied?
ABI Talks: New Reorganization Hope for Main Street Debtors
Will the new Small Business Reorganization Act lead to more successful restructurings and fewer liquidations of small businesses while still protecting creditors’ rights?
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