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General Bankruptcy Fundamentals
General Bankruptcy Fundamentals (2.5 Hours of CLE where available)
This 2.5 hour program presents a discussion of the who, what and why of a bankruptcy case. Part I (1 hour 30 minutes) explores concepts applicable in all cases, including the automatic stay, property of the estate, claims and priorities, executory contracts and unexpired leases and the discharge are examined. Part II (1 hour) explores the range of the estate's avoiding powers of various transfers such as preferences, fraudulent transfers and unperfected security interests.
This course includes recent SBRA, COVID-19, and CARES Act updates
Add the BUSINESS and CONSUMER Bankruptcy breakout for $100 each
Click HERE to register for this course
Prof. Lois Lupica, Moderator
Maine Law Foundation Professor of Law
University of Maine School of Law in Portland
Hon. Wendelin I. Lipp
U.S. Bankruptcy Court (D. MD.); Greenbelt, MD
Alexander M. Laughlin
Odin, Feldman & Pittleman, PC; Fairfax, VA
Lisa A. Tracy
Executive Office for U.S. Trustees; Washington, DC
Ed Flynn
American Bankruptcy Institute; Alexandria, VA
1 hour
3 minutes
33 seconds
Do “Out-of-the-Money” Creditors Have Standing?
Do “Out-of-the-Money” Creditors Have Standing? There are many chapter 11’s filed primarily to sell the collateral for undersecured creditors—meaning that there isn’t any value generated for unsecured creditors or equity. This panel will explore the various issues that result such as basic standing and the appropriateness of forming and maintaining a creditors committee and an equity committee. The panel will also discuss the various arguments put forth to justify a carveout or “gift” for unsecured creditors and the often used “pay-to-play” rule occasionally asserted by out-of-the-money creditor groups. It will also examine ways to identify unencumbered assets early in the case and the possible benefits of keeping them free from post-petition liens granted to DIP Lenders. Lastly, the panel will discuss ways to maximize the Chapter 5 claims and the use of liquidating assets.
Sharing a Piece of the Pie: Gift Plans, Structured Dismissals and Carve-Outs
Sharing a Piece of the Pie: Gift Plans, Structured Dismissals and Carve-Outs Often bankruptcy is the best way for under-secured creditors to optimize collateral recoveries. But the price for bankruptcy relief is that secured creditors must share their recoveries with out-of-the money constituencies. This panel will explore such sharing arrangements in a variety of contexts–carve outs, gift plans and structured dismissals.
Litigating the Cramdown Rate
Litigating the Cramdown Rate “Cram down” requires full payment of secured classes. This, in turn, requires a present value analysis of the dividends secured creditors will receive under the plan. This panel will review what debtors and secured creditors need to show to establish a cramdown rate and the nuts-and-bolts evidentiary issues joined by cramdown litigation.
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