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Cracking the D&O Code: The Keys to Insurance Recovery and Injunctive Orders in Bankruptcy Court

Director and officer (D&O) insurance policies typically cover certain claims against the D&Os by third parties (often shareholders) and claims by a trustee in bankruptcy. The policies also cover certain claims against the debtor company. This panel will discuss the different coverages, the types of claims that may be pursued against officers and directors by shareholders, creditors and a bankruptcy trustee, defenses often asserted to the claims, and potential policy exclusions that may affect coverage. The panel will also focus on the tension, and often litigation, over D&O insurance proceeds when there are competing claims by a trustee and by shareholders or creditors, including the circumstances that may justify entry of a bar order precluding third-party claims as part of a settlement of claims by the trustee.
1 hour 26 minutes 59 seconds

Lights Out! Hot Topics and Recent Developments in Energy-Related Chapter 11 Cases

In light of the recent downturn in the energy markets, this panel will provide an update on recent developments in coal and oil & gas chapter 11 cases, including contract issues, § 1113/1114 litigation, treatment of environmental obligations, KERPs and KEIPs, surety bonds, perfection and credit bidding issues, and “cherry-picking” of good assets in § 363 sales.
1 hour 27 minutes 20 seconds

Consumer Track: Money-Back Guarantee?

This panel explore what rights/causes of actions a debtor may reserve in plan confirmation and the binding effect of confirmation, and whether, in light of Harris v. Viegelahn, a means may still exist to avoid refunding undistributed funds to a debtor following the conversion of a chapter 13 to a chapter 7 case, as well as what should happen to undistributed funds upon case dismissal. The session will conclude with a discussion on the limitations on the equitable powers of bankruptcy courts following Law v. Siegel.
1 hour 28 minutes 52 seconds

Medley of Current Chapter 11 Issues: From Overcoming Challenges to Finding an Efficient Exit Strategy

This panel will explore current chapter 11 issues from case inception to exit and will discuss current case law and trends, including nonconventional financing obstacles, the ability of a lender to obtain default interest post-petition, plan-support agreements, structured dismissals, cramdown interest rates, third-party releases and the erosion of the equitable mootness doctrine on appeal.
1 hour 27 minutes 17 seconds

e-Learning Topics

e-learning-topics

Administrative Expense Claims

Reviews processes and requirements for post-petition claims that get priority payment, including professional fees, utilities, and goods received within 20 days of filing.

Alternative Dispute Resolution

Examines mediation, arbitration, and other non-litigation approaches to resolve bankruptcy disputes efficiently and cost-effectively.

Asset Sales

Analyzes issues practitioners may face when completing asset sales in and out of bankruptcy, and best practices for successful outcomes.

Automatic Stay

Explores scope and application of automatic stay protection, including exceptions, violations, and procedures for obtaining stay relief.

Claims

Discusses the evaluation, trading, and resolution of bankruptcy claims. Covers creditor rights and their impact on restructuring.

Bankruptcy Litigation

Studies recent case law and rules of practice, evidence and procedure, connecting professionals engaged in bankruptcy-related litigation.

Certification

Covers professional certification requirements and processes for bankruptcy practitioners, including specialized credentials and continuing education.

Corporate Governance

Analyzes fiduciary duties, management responsibilities, and board oversight during bankruptcy proceedings and restructuring.

Court Administration

Reviews court procedures, filing requirements, and administrative processes in bankruptcy cases.

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