Delaware State Approved Sessions

Chapter 11 Track: The § 1111(b) Election, Plan Feasibility and Cramdown Issues Utilizing a case study, this panel will explore issues surrounding a lender’s decision on whether or not to make an election under § 1111(b), feasibility issues, voting issues and solid mathematical analysis.

Chapter 11 Track: Mock Hearing—DIP Financing and 363 Sales Two experienced chapter 11 counsel will conduct a mock argument before a three-judge panel on key issues that arise in the approval of DIP financing and approval of a 363 sale. DIP hearing issues will include roll-ups, liens on avoidance actions, expedited sale procedures, 506 waiver, no committee carve-out, no plan without lender’s consent, and enforcement of subordination agreements. Sale issues will include assumption and assignment or rejection of IP licenses, as well as the rights of junior lienholders to block sales where not paid in full.

Financial Advisors Track: How to Be a Successful Expert

This luncheon plenary session will provide an overview of some of the most common evidentiary problems and miscues that come up in trial practice before the bankruptcy court, along with a number of trial evidentiary pointers and practice tips.

This interactive program will enable attendees to “vote their conscience” (with responders) on various ethical dilemmas, with panelists providing commentary after each question.

The federal code (and similarly state law) define "insolvent" as a "financial condition such that the sum of [the] entity's debts is greater than all of [the] entity's property, at a fair valuation..." 11 U.S.C. § 101(32)(A). Fair valuation is not defined in the bankruptcy code. How does fair valuation for solvency differ from fair market value which is used for valuation for income tax purposes? Or fair value which is used in shareholder oppression matters? What are the implications of using trading prices for the assets versus assuming continuity of operating within the existing legal entity? What are the differences it could create in measuring the cost of capital? Or contingent liabilities?