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Deconstructing EFH
The panelists will discuss the various issues that have been raised in the Energy Future Holdings bankruptcy, including make-wholes, the unimpairment opinion, the pre-plan settlement appeal, and interaction with state regulators and the bankruptcy court.
Puerto Rico
This session will feature an update on the current state of the distress in Puerto Rico, including PROMESA and related litigation, and other developments.
Ethics Panel
What are bankruptcy crimes, what are the duties of the various parties in a case to
investigate and report them, and what are the protections for those who do?
The panelists will discuss actual-intent fraudulent transfers and the crime/fraud exception;
recent cases suggest that a “fraud” that may trigger the crime/fraud exception to
attorney/client privilege and that the work-product doctrine may not be limited to crimes
and serious frauds, but rather may include transactions exhibiting only some “badges of
fraud,” such as fraudulent transfers (Fragin, Husky International).
What’s Wrong with Chapter 11?
This panel will visit controlling the time and expense of bankruptcy litigation; how
bankruptcy’s Code, Rules and process affect the relationship between the parties’
incentives and duties to their constituencies; the continuing viability of unsecured
creditors’ committees; claims trading and the increased role of hedge funds in chapter 11
cases; and other topics covered in the Final Report of the ABI Commission to Study
the Reform of Chapter 11.
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