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Hot and Emerging Topics in § 363 Sales: Of Structured Dismissals and Creeping Liabilities
Section 363 sales have become a widely accepted, if not preferred, method of monetizing the assets of a debtor in chapter 11 bankruptcy. This expert panel will discuss the hot and emerging topics related to § 363 sales.
“Can You Make a Rash Decision?”: Valuation Issues in Consumer Cases
In an informative and fun game show format, this panel will present a whole host of valuation issues that arise in bankruptcy.
ABI-Live: 2nd Circuit Decision in GM Increases Risk of Successor Liability for Purchasers
John Hutton and Henry Jaffe will discuss the recent Second Circuit successor liability decision in the General Motors case, which reversed the decision of the bankruptcy court, and exposed “New GM” to successor liability claims by various categories of plaintiffs who sustained (largely economic) injuries prior to the sale as a result of the ignition switch defect, but did not receive actual notice of the sale. The presenters will discuss the main issues and arguments presented and addressed in the GM successor liability decision, and will discussing the potential impact of the Second Circuit’s ruling. Such issues include: (1) notice/due process (and remedies related thereto), (2) the requirement to show prejudice, and the Second Circuit’s treatment of the prejudice issue; (3) the ability to sell free and clear of in personal liabilities; and (4) equitable mootness.
How to Argue Bankruptcy Issues to Courts of General Jurisdiction
This session will provide guidance on how to frame your argument, avoid jargon, provide the appropriate statutory framework and strengthen your case when presenting arguments before nonbankruptcy judges.
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