The absolute priority rule: trials and tribulations of new value. Cram down issues with 1111(b)(2) and Pacific Lumber. Practical considerations when litigating non-debtor releases.
Cross-examination demonstration of financial experts valuing assets (measuring enterprise value by discounted cash flow, the income and cap rate approaches for real estate, and how such methods can be manipulated).
The challenges and difficulties of avoiding leveraged buyout transactions, covering emerging law involving LBOs including application of the § 546(e) safe harbor and collapsing such undertakings.
The transformation rule/negative equity, deficiency claims upon surrender of collateral, the applicable commitment period, contract interest, § 1322(b)(1) as it involves fixtures and personal property, and assignments of rent, § 1322(b)(2) as it involves the timing of the analysis.