Wisconsin State Approved Sessions

This panel will discuss post-petition financing issues, such as what it takes for a third party to prime a DIP and what should be allowed for controls by secured creditors via DIP financing cash-collateral orders, including case milestones. What terms are and should be acceptable in first-day cash-collateral and DIP-financing orders (Aegean)? Too much control, or simply adequate protection? § 1111(b) elections (Baker Hughes); adequate protection (Chardon); lien-stripping (Caulkett); credit bidding and other rights in connection with § 363 sales (Aerogroup); the recent credit bidding decision in Aeropostale; and the use of roll-ups.

Dive into § 363 sales issues, including whether there are limits to “free and clear”; the GM conflict between §§ 365(h) and 363(f) (“lease-stripping”); sales free and clear of leasehold interests, restrictive covenants and override royalties; being free and clear of successorships in CBAs; selling free and clear of environmental liabilities (La Paloma, Exide); and loan-to-own strategies.

The panelists will delve into issues that arise during an LLC bankruptcy. What happens when parties contract out of fiduciary duties? What effect does bankruptcy have on key provisions in an LLC operating agreement, including management and ownership rights and remedies, and what happens when a bankruptcy proceeding is initiated against the LLC or one or more of its members? Learn more about two recent decisions in which bankruptcy courts refused to enforce LLC agreement provisions requiring the respective LLCs to obtain the unanimous consent of their members in order to seek bankruptcy relief (Intervention Energy, Lake Michigan). Finally, the panelists will discuss possible hidden fraudulent-conveyance issues relating to tax attributes. Do LLCs insulate management, and should releases be provided?

A number of recent high-profile cases have been impacted by credit derivatives (e.g., Hovnanian, Sears, Caesars, iHeart). The panelists discuss how these situations have unfolded and their effects. What pre-filing diligence should a debtor perform in order to be prepared?

This panel will explore the evolution of real estate financing structures leading up to today’s market, and discusses how current trends and varying structures can affect results in a future workout or bankruptcy.

Various factors have combined to result in low crude oil prices that are not expected to rebound significantly and not to a point where OPEC countries will be able to cover their operating deficits. This panel will explore the issues facing the OPEC countries and discuss how these issues will impact the global economy and insolvency practice in the coming years.

The 2017 Tax Cuts and Jobs Act made significant changes to the Internal Revenue Code. This panel will discuss certain tax changes that may adversely affect financially troubled business operations, debt restructurings, reorganizations and liquidations.

Through the EB-5 immigrant investor program, a foreign national can invest at least $500,000 into a qualified project, and if that investment leads to the creation of at least 10 jobs in the U.S., the investor becomes eligible for permanent U.S. residency. The EB-5 Program has expanded dramatically over the last decade, typically with USCIS-qualified “regional centers” pooling investments to provide inexpensive liquidity to real estate developments and other businesses. This panel will discuss recent developments and issues involved in EB-5 restructurings and chapter 11s.

This panel of legal experts break down a number of significant issues that are currently dividing circuits across the country, including the effect of rejecting trademark licenses, the allowance of claims for “make-whole” premiums, third-party plan releases, the right to assume and assign intellectual property agreements, the calculation of lease-rejection damages under § 502(b)(6), and the standard for satisfying the impaired consenting class requirement under a joint plan. Do you know where your circuit stands on these key issues?

This panel is a great way to stay ahead of your peers and adversaries! The panelists present a cutting-edge review of the most important decisions of the day that could impact your practice.