Georgia State Approved Sessions

An update on the sometimes-exciting academic research now being conducted on corporate restructurings and bankruptcy. Topics include advances in our understanding of the benefits and costs of bankruptcy, trends in the accuracy of confirmation values, private-equity firms and financial distress, and the impact of distressed-debt trading.

An integral part of any solvency opinion is the valuation of items such as contingent liabilities including pending litigation, guarantees and other claims that may impact the solvency opinion. The valuation of these items is not always obvious and in some cases is at odds with GAAP. The approach to valuing these items is a blending of corporate and bankruptcy law, accounting standards, economic analysis and valuation theory. The panel examines these issues along with the instructive case law in the area, and discusses the care that is required when mixing such elements with the facts and circumstances of the matter at hand.

How are an expert's qualifications and the relevance and reliability of the expert's opinions assessed by courts? What do attorneys expect from experts and what do experts expect from attorneys? A panel of attorneys and valuation experts discuss the criteria for expert qualification, the methodological components of reliability and offer guidance on avoiding pitfalls and bad opinions when working with experts. The panel also provides recent statistics on Daubert challenges.

The panel will explore many of the major differences between U.S. chapter 11 and the Concurso Mercantil and discuss such topics as bondholder recognition, classification of claims, creditor voting and confirmation of a reorganization plan, financing issues and sale of assets.

The panel will focus on some of the significant corporate restructurings and leading bankruptcy decisions in Mexico rendered under the Ley de Concurso Mercantil. Holdings and implications from decisions such as Durango, CCM and Vitro will be discussed.

The panel will discuss attempts to apply creditor protections and applying the concept manifestly against public policy.

This broad panel, which includes a banker, will discuss how to effectively restructure a Mexican company. Key areas will be identified, as well aspotential pitfalls.

The panel will identify and discuss likely future trends in restructurings in Mexico, as well as projected revisions to the Concurso.

A panel of experts will summarize and discuss the legal impact and practical implications of the Supreme Court’s 2012 decisions in Radlax and Hall. How does Radlax impact sale plans? Why does the Hall decision make asset sales more problematic and what is its broader impact? What do these cases tell us about how to brief and argue bankruptcy appeals? Hear ABI’s panel of experts’ insights into these significant cases.

This panel will provide an update on procedural developments in bankruptcy cases, covering issues such as personal jurisdiction, service of process, and perhaps enforcement. There will also be an update on Stern and its practical implications.