New Hampshire State Approved Sessions

Hot areas breed hot issues. On this panel, the panelists will cover a variety of hot topics in retail today, including (1) dividend recapitalizations, (2) asset-stripping and dropdown financing, and (3) approaches to valuing intellectual property. This diverse panel, representing a cross-section of the restructuring industry, will discuss a variety of in-court and out-of-court situations.

The valuation of financially distressed and insolvent higher-education and health care organizations is impacted by numerous factors, including government funding/reimbursement, changing business models and macroeconomic factors. This panel will examine recent developments in these areas and discuss how they impact valuation engagements.

Join this session to discuss cramup and reinstatement since Momentive, including a circuit split and recent developments. Dive into how the interest rate is being determined, as well as equitable mootness and remand issues in Momentive.

There has been an increasing trend toward using creative structures to transact around limitations in debt documents in order to raise debt, sell assets and/or distribute value to certain stakeholders, including transferring assets to unrestricted subsidiaries, sale/leaseback transactions and FILO loan structures. Take a look into the resulting litigation surrounding these transactions (e.g., Windstream, iHeart, J.Crew) and discuss how the credit default swap market is affecting financing structures.

This panel will examine recent municipality filings and issues that arise in these cases, such as the ability of public utilities/public service entities to file under the Bankruptcy Code (i.e., to what extent is it an extension of the municipality), interaction with state and federal law, tax-exempt economic-development bonds, and whether there should be a mechanism for distressed states to file. Discussion will include updates on Puerto Rico and other cities.

In this session, the panel will delve into recent chapter 15 decisions and the use of cross-border protocols in complex multijurisdictional cases ( e.g., SDNY General Order M-511, Delaware LBR 9029-2). Learn about preparing a cross-border case and cash-management issues across cross-border estates, difficulties that arise when dealing with foreign boards, subsidiaries in foreign jurisdictions and limited resources to manage the complications, and the winding down and liquidation of cross-border estates.

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

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

Limited liability companies are outpacing corporations as the preferred business form, but they are a newly popular type of entity. This panel will track LLC law as it rapidly evolves to deal with the unique issues LLCs present. How does the Bankruptcy Code interact with state law in handling these issues, including member- and manager-managed LLCs, single-member LLCs, LLCs as assets of an estate, charging liens, restrictions on attachment or transfer of membership interests, and forced insolvencies? Please join us as we examine the clues to unravel the case of this curious entity.