Virginia State Approved Sessions

Once again, dear fans, Boris Badenough is involved in a hot chapter 11 case — this time involving Time & Lord, the owner of a failed movie franchise, “Fat Contests” (based on the book of the same name about an eat-to-the-death contest involving ordinary citizens in a future ruled by junk-food companies). Boris’s wife, Sophia, has been retained by Dallick Capital, the debtor’s investment banker, to handle the sale of the debtor’s intellectual property. However, Tardis Industries, a potential purchaser and creditor, has a problem with Dallick’s disclosure related to Sophia in its employment application. Further, the debtor’s lead counsel, Ciber & Mann PSC, may also have some disclosure issues as one of Boris’ subsidiaries, Master Industries, is one of their clients — and Boris is now interested in buying the debtor’s intellectual property. Will Sophia remain true to her fiduciary duty to her client, or will she give Boris the deal of the century, and will everyone give disclosure a chance?

This panel consists of debtor and creditor lawyers who will debate current problematic issues in chapter 11 cases filed by individuals, including the absolute priority rule and challenges to the lifestyles of wealthy debtors.

Find out the latest happenings in all of the Southern Districts. What can impact your practice? What should?

The panel will discuss employment and benefits issues that frequently arise in chapter 11 cases, including employment contracts, retention and incentive plans, the WARN Act, and the impact of filings on employee benefit plans.

This panel will discuss the assessment of a subject company and its situation, the nature of the assets in the distressed situation (i.e., company-specific or endemic of the industry), and other considerations for valuing companies in distress.

Madoff: Ponzi Presentation

This panel will look at several bankruptcy mortgage mediation programs around the country, and will discuss what parties need to do in order to make mortgage mediations successful in consumer bankruptcy cases.

This panel will take an objective look at the viability and the purposes of the proposed national plan form and the amendments to the bankruptcy rules related thereto.

This panel will discuss the current status of the law related to lien-stripping in chapter 7 and chapter 20 cases — including an update on the lien-stripping cases pending before the Supreme Court and Eleventh Circuit, and their potential impact on future bankruptcy practice in all chapters.

Potential buyers often have significant leverage over distressed sellers of assets and are able to influence or dictate the nature of the sale process. This panel will examine the considerations that a potential buyer of a distressed company should make when it has the opportunity to choose the appropriate process and venue for pursuing such acquisition. We will outline the pros and cons of Article 9 sales (both public and private), receivership sales, § 363 sales and “loan to own” strategies, including with respect to issues related to successor liability, funding considerations, operational concerns, timing, legal risk and deal certainty.