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Maximizing Auction Results in a § 363 Sale
This panel will explore how to maximize values in an auction/§ 363 sale for all constituents, and reveal “tricks of the trade” regarding how to generate value for the estate and unsecured creditors in different ways.
Internal & External Referrals: How to Get and Use Them
This panel of experienced lawyers, claims agents, accountants and turnaround managers will provide tips on how to obtain and mine internal and external referral sources to generate business.
Access to Justice Revisited: Getting Chapter 7 Debtor Counsel Paid
Hosted by the Consumer Bankruptcy and Legislation Committees
A fresh start is now becoming less attainable for many debtors because the traditional "all-up-front" attorney fee approach discourages filing for chapter 7. Some attorneys are solving this problem by splitting pre-petition and post-petition services into separate agreements to allow post-petition payments for post-petition work. The panel will discuss the practical need for this type of fee arrangement, the nuts and bolts of this payment arrangement, the pros and cons of such a system, where it is and where it is not allowed under existing law, a discussion of the current case law concerning such a system, and various policy considerations under review by ABI's Consumer Bankruptcy Commission.
Attorneys and Advisors for All of Us: Representation of Directors and Managers in the Sale of Debtor Assets
Hosted by the Asset Sales and the Financial Advisors & Investment Banking Committees
This panel will focus their discussion on the need for disinterested independent directors to employ their own counsel/FAs/IBs in connection with the sale of assets. The main topic will be based on the facts in the Toys “R” Us case, where six groups of independent managers and directors have their own separate counsel and advisors. The panelists believe that similar facts exist in other recent cases, and more cases will reflect this in the future. The panel will discuss such topics as the need for this type of representation, the costs associated and how such costs are accounted for in the case, and what other legal and ethical implications all of this can have on the sale of a debtor’s assets.
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