Colorado State Approved Sessions

Hosted by the Legislation and Commercial Fraud Committees.

In recent history, nuclear and coal power have been under attack while gas and renewables have been thriving. Has that now changed? Disruptions to this industry, and the related bankruptcies, seem to be one of the few certainties. Join our experts as they discuss the future power-industry issues that you are likely to encounter.

This panel will provide an overview of rights offerings and issues that frequently arise, including limitations under the securities laws as to which creditors can participate, what happens to those creditors who cannot participate, what is a backstop party, who has the right to participate in the backstop, how backstop parties are compensated, and the limitations on the use of § 1145 in connection with rights offerings and any securities subscribed for in rights offerings.

Hosted by the Mediation and Health Care Committees

This panel will review and debate issues regarding the new official form for chapter 13 plans, including how courts are tinkering with Rule 3015.1 — and why courts think they have the ability to do so.

As the retention of contingency counsel proliferates, stakeholders and their professionals need guidance and creativity in considering the financial arrangements that are negotiated. This panel will focus on ethics and professionalism issues that arise in these retentions, retaining counsel under § 328, how to negotiate and/or determine what compensation is appropriate (20 percent vs. 40 percent), compensation based on case status (e.g., settlement after initial motion practice vs. SJ), hybrid compensation, financing litigation (estate vs. contingency counsel vs. third party, Gawker), who should control settlement as contingency counsel’s stake grows, and when payment of contingency counsel can be contested.

This session will discuss the implications of this Supreme Court decision, whether gifting is over, alternative avenues of distributions outside of a plan (e.g., pursuant to DIP order, Short Bark), and remand issues in Jevic.

This session will explore the following questions: Should all similarly situated creditors have the right to participate in rights offerings, financings, etc.? Does it violate Bankruptcy Code provisions or policy to allow a subset of creditors to receive fees and increase their recovery at the expense of similarly situated creditors? Is mandatory market-testing a viable solution?