Momentive Deconstructed
A detailed analysis of the many aspects of this important bankruptcy court decision.
Bankruptcy Litigation Panel
Fraudulent transfer update (§ 546(e) (Lyondell, Tribune, Boston Generating)); Cortlandt; automatic stay litigation (i.e., requirement to turn over funds (Weber)); § 503(b)(9); aiding and abetting claims (Rural Metro); post-Stern consent to jurisdiction cases (Sixth, Seventh and Ninth Circuits and Supreme Court (Exec. Benefits, Wellness).
Professional Responsibility and Ethics Issues Arising from Cross-Border Representations in Insolvency Cases
Conflicting ethics and professionalism under different jurisdictions; required disclosures; duties to the various courts; duties to your client; different fiduciary duties; the ethics of insolvency planning and COMI-shifting.
Controversial Issues in Valuation
Topics may include selection of comparable companies; liquidity and marketability discounts; discounts for size and reorganization risk; determining a discount rate; option-based valuation methodologies (note that the panelists will discuss and highlight different positions that may be taken, but will leave it to you to decide which positions have more merit).
Snake Eyes: Casino Bankruptcies
This panel will discuss key restructuring issues in the gaming industry as geographic expansion continues to pressure regional, destination and tribal casinos.
Keeping Up with the Supremes: Supreme Court Update
This panel will focus on the possible consequences of ASARCO, Wellness, and Bank of America v. Caulkett
Trustworthy Claims: Developments (such as Bellingham) on What Claims a Trustee May or May Not Bring
Join our panel of expert estate counsel, trustees and insurance counsel as they discuss issues related to standing, safe harbors, in pari delicto and other complications that insurers and defendants use to frustrate the pursuit causes of action by Trustees
Where’s My Expert? Deposing, Qualifying and Examining a Financial Expert Witness Regarding Opinions on Solvency, Reasonably Equivalent Value and Plan Feasibility
This panel will cover deposing, qualifying and examining a financial expert witness regarding their opinions on solvency, reasonably equivalent value and plan feasibility.
Alternatives to Chapter 11
In today’s post-BAPCPA environment, why file for bankruptcy at all? Consideration of alternatives, including out-of-court restructurings, state law restructuring statutes, ABCs, foreclosures; receiverships; discussion of common problems, including solicitations and hold-outs.