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Issues Affecting Private-Equity and Hedge Funds
This panel will discuss bankruptcy-related issues affecting private equity funds, including fiduciary duty and corporate governance issues, WARN Act and pension issues, and fund liability for portfolio company obligations, as well as issues affecting hedge funds, including recent decisions interpreting the Indenture Trust Act, claims trading, restriction and disclosure issues.
Health Care and Nonprofit Cases
This panel will discuss elected issues in health care and non-profit cases, including Medicare issues; confirmation issues including feasibility and application of the best interest test and absolute priority rule in non-profit cases; director and officer liability issues; and conflicts between state law and the Bankruptcy Code.
Sales Panel
Even though the Commission recommended no curtailing of credit-bidding rights, challenges continue. More on GM: Can an order really be free and clear of successor liability, and what is successor liability, anyway?
Retail Bankruptcy: Executory Contracts and Leases
News from Radio Shack. Effect of the ABI Commission recommendations on retail cases. Sales free and clear of leaseholds: The conflict between §§ 363(f) and 365(h); In re Revel Casino.
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