Mississippi State Approved Sessions

This session will examine key chapter 11 plan and confirmation issues and considerations, including plan-support agreements, nonconsensual third-party plan releases, classification and voting, valuation and cramdown interest rates, and “gifting” in plans post-Jevic.

This panel will focus on what the numbers mean, who cares about them and why they care — and why you should care, too.

Join the growing conversation about the intersection of race and socioeconomic barriers in bankruptcy. What are the facts? What can be done about reducing bias? What is our professional responsibility as bankruptcy professionals to overcome these barriers?

Learn how to enhance your client and committee pitches, hone your panel presentations, and “wow” your court or your audience from this group of skilled advocates and public speakers. This workshop, suitable for attorneys of all levels, will provide you with tips, lessons and examples to help you improve your presentation skills.

This panel will present a lively discussion of key issues decided in business and consumer bankruptcy cases throughout the country over the past year.

This panel will discuss current litigation/case law on discharge injunction violations and remedies, including sanctions.

Using a case study approach, this panel will examine the restructuring alternatives of a typical mid-cap company, with mock negotiations between and among a distressed company, its senior secured bank lenders, its mezzanine lenders and the equity. The presentation will focus on valuation, along with the benefits and burdens of (1) bankruptcy, (2) exercising the rights and remedies of a secure lender, (3) a consensual out-of-court restructuring and (4) the techniques and strategies for each constituency to achieve its goals.

Valuation is a critical, and often hotly disputed, issue in most bankruptcy cases. Enterprise valuations drive creditor recoveries, and solvency valuations are often outcome-determinative for the success (or failure) of fraudulent transfer and other bankruptcy-related litigation. As a result, valuation disputes often become mini-battles of the experts, the reasonableness of their assumptions and their relative credibility. Disputes usually center around those items where the expert has made subjective adjustments based on professional judgment, and even small adjustments can lead to substantial differences in value. This panel explores those issues that are most often “adjusted” based on professional judgment, including normalizing EBITDA, methodology weighting, treatment of excess cash, control premiums, minority discounts, liquidity discounts, and contingent assets and liabilities.

Issues surrounding the assessment and quantification of long-term, unliquidated obligations; such as pensions, environmental remediation, and perpetual care of cemeteries, are complex and divisive. This panel will explore the issues, as well as methods and techniques, to be considered when assessing and quantifying such debt in the context of financial distress and bankruptcy.