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Recent Issues in Plan Confirmation
The panel will discuss recent decisions on cramdowns, gifting, equitable mootness and structured dismissals (Jevic), statutory subordination (American Housing Foundation), nonconsensual releases (Seaside Engineering), plan modification (SCH Corp.) and impairment, what happens when the debtor is not required to pay the contractual rate of interest on unsecured notes (EFH), post-petition interest (what is the federal judgment rate if a contract rate does not apply?), and the scope of § 524(e).
How to Value Debt
Valuation panels have generally focused on how to value debtors and their stock. But what about valuing debt, the other form of consideration that is generally issued under a bankruptcy plan? The session will discuss coverage ratios and other credit metrics, comparability, the impact of covenants and other terms, credit reporting and rating, and more.
Private-Equity Sponsors in Bankruptcy: From Innkeepers and Dynegy to Energy Future and Caesars
What are the strategies of private-equity sponsors seeking to retain control (or at least a stake) through the bankruptcy process? How do they retain counsel and manage conflicts? What strategies are they using to preserve their interests? What risks do they undertake? This panel will discuss these issues and more.
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