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Creditors’ Committees and the Role of Indenture Trustees and Related Issues
Chapter 11 Track: Creditors’ Committees and the Role of Indenture Trustees and Related Issues
This panel will focus on the unique issues facing the indenture trustee when it elects to serve on a creditors’ committee, including how to balance potentially conflicting fiduciary duties, how to get paid, how to navigate through the plan-negotiation process and other similar types of issues.
Chapter 9s, Nonprofits and Other Nontraditional Restructuring Processes
Chapter 11 Track: Chapter 9s, Nonprofits and Other Nontraditional Restructuring Processes
The financial crisis has taken its toll on municipalities as evidenced by the increasing number of chapter 9 petitions over the last couple of years. Nonprofits have also faced challenges of their own and are increasingly finding themselves in bankruptcy court. This panel will explore the cutting-edge issues involved in these and other nontraditional restructuring processes.
Mediation: An Irrational Approach to a Rational Result
This panel will focus on the irrational biases for decision-making in bankruptcy. The essence of bankruptcy is deciding how to divide the debtor's metaphorical shrinking economic pie among qualified creditors. At its optimum, bankruptcy decision-making is efficient and rational. However, at other times even the most skilled bankruptcy practitioners are stymied by the inability of bankruptcy participants to make seemingly rational business decisions. Why can't everyone be rational? Decision-making is not a rational process. Behavioral economic scholars such as Daniel Ariely and Daniel Kahneman explain that we all have psychological biases that interfere with our ability to make objectively rational decisions. Bankruptcy practitioners who understand these biases learn strategies to influence them and thus enhance optimal bankruptcy decisionmaking.
Current Issues for Financial Advisors in Bankruptcy Cases
Financial Advisors Track: Current Issues for Financial Advisors in Bankruptcy Cases
This panel will discuss the various governance, operational and quasi-legal issues that financial advisors deal with on a day-to-day basis before, during and after the commencement of a chapter 11 case. Topics will include addressing management fraud, dealing with ERISA/labor/WARN Act/union issues, navigating corporate governance issues, Dodd-Frank compliance, and the state of the law on pursuit of accounting and securities fraud claims.
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