Alabama State Approved Sessions

Potential buyers often have significant leverage over distressed sellers of assets and are able to influence or dictate the nature of the sale process. This panel will examine the considerations that a potential buyer of a distressed company should make when it has the opportunity to choose the appropriate process and venue for pursuing such acquisition. We will outline the pros and cons of Article 9 sales (both public and private), receivership sales, § 363 sales and “loan to own” strategies, including with respect to issues related to successor liability, funding considerations, operational concerns, timing, legal risk and deal certainty.

The panel will discuss and contrast (and will invite the workshop attendees to discuss) the various options for ending chapter 11 cases after the debtor’s assets have been sold, including plans of liquidation, liquidation and litigation trusts, dismissals, structured dismissals and conversion. Issues will include things to consider when planning for the debtor’s wind-down staffing and budget. The panel will also discuss the rest of the story from the perspective of the § 363 purchaser, focusing on recent developments in successor liability.

As more states are adopting asset-protection trust statutes, more issues have been arising in bankruptcy when these trusts take center stage in a fraudulent transfer, substantial-abuse, alter-ego or objection-to-discharge battle. This panel will provide insight into the creation of asset-protection trusts, issues that arise when these trusts are challenged in bankruptcy, and practical tips for both creating asset-protection trusts that can withstand bankruptcy challenges and litigating these trusts in bankruptcy.

There are many changes occurring in consumer bankruptcy law. Find out the latest developments in your neighborhood and around the country.

Dilemmas of Dying Businesses: Practical and Ethical Issues to Consider When Representing Businesses that Are on Death’s Doorstep

Inaugural organizational meeting for this new ABI committee focusing on mediation and other ADR methods applied in the bankruptcy process, including conflict-resolution skills development, overcoming impasses, multiparty mediations, confidentiality and more. The committee will consider Model Rules for courts on the use of mediation, mediator qualifications and compensation.

IP Issues in Bankruptcy Deals

Shoveling Through the Dirt of Real Estate Fraud

Preparing for Metamorphosis: Tax Questions Arising from Changes in Debt from Recourse to Nonrecourse (or vice versa) — Bankruptcy Discharges, Anti-Deficiency Statutes and § 1111(b)

Past Presidents’ Debate: Michael P. Richman Hunton & Williams LLP; New York Deborah D. Williamson Cox Smith Matthews Incorporated; San Antonio Resolved: Secured creditors should be required to fund the payment of all administrative claims and make a distribution to general unsecured creditors as a condition of cleansing substantially all of the debtors’ assets through a § 363 sale process. Judicial Debate: Hon. Kevin J. Carey U.S. Bankruptcy Court (D. Del.); Wilmington Hon. Frank J. Santoro U.S. Bankruptcy Court (E.D. Va.); Norfolk Resolved: A claim is not impaired for purposes of § 1129(a)(10) if the alteration of the rights in question arises solely from the debtor’s exercise of discretion, because § 1129(a)(10) recognizes impairment only to the extent that it is driven by economic need. Consumer Debate: John Rao National Consumer Law Center; Boston Brett Weiss Chung & Press, PC; Greenbelt, Md. Resolved: The Bankruptcy Rules and Forms should require that a national chapter 13 official plan form be used in all cases.