New York State Approved Sessions

Secured lenders work with debtors and committees in large chapter 11 cases to modify the environment in which the chapter 11 estate proceeds. This panel will examine the contemporary attributes of negotiated modifications and accommodations in connection with cash-collateral stipulations, DIP financing agreements, bidding procedure orders and chapter 11 plans. The panel will also consider whether any of the typical compromises are questionable in light of decisions, such as Jevic, that challenge the ability of courts and constituents to modify the structure of the chapter 11 playing field.

Hosted by the Bankruptcy Litigation and Young and New Members Committees

Have you ever had your expert sink your case with the wrong words? This no longer needs to be the case. Learn how to get the best testimony out of nonprofessional witnesses, including business owners and CFOs. This panel will discuss various evidentiary matters, including the use of affidavits, how to get hearsay in, special rules for business owners (valuation testimony and how to make it credible), direct testimony and business records.

What happens when you represent a brick and mortar retailer, a newspaper or perhaps a coal-producer? What might be your client’s exit plan be? Leaning on other recent dying-industry experience, the panelists will explore various strategies on how the tough times ahead for such clients can be addressed in a bankruptcy, whether through a restructuring or a wind-down and liquidation of the company.

Hosted by the Mediation and Health Care Committees

This panel will explore the reasons why the U.S. is so frequently selected by foreign debtors and will focus on jurisdictional issues, the extent of the automatic stay and the ability to bind non-U.S. creditors. The panelists will examine such recent cases as Abengoa, CHC Group and foreign shipping companies.

Hosted by the Legislation and Commercial Fraud Committees.

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.