Asset Sales

Three avenues for appellate courts to dismiss bankruptcy appeals are sale, plan and constitutional mootness. This panel will discuss the strengths and limitations of these three approaches, which appellate courts are increasingly gravitating toward and departing from, and steps and arguments parties can make to improve their chances of success in obtaining (or avoiding) dismissal of a bankruptcy appeal as moot.

Hosted by the Asset Sales and Secured Credit Committees

Hosted by the Asset Sales Committee This webinar will provide an overview of key provisions to be included in Section 363 asset sale orders. Speakers will cover both a basic introduction to the topic, as well as an advanced discussion on issues such as “highest and best offers” and limitations on free and clear orders. The elements discussed will be relevant to various constituents including buyers, debtors and other parties in interest.

In a riff on the popular television show “Shark Tank,” bankruptcy practitioners will pitch a panel of judicial “sharks” for requested modifications to recent Supreme Court/circuit-level decisions and timely bankruptcy issues.

Hosted by the Asset Sales and Financial Advisors and Investment Banking Committees FAs, IBs, RE advisors, attorneys: too many cooks in the kitchen? This panel will discuss the anatomy of the bankruptcy sales process and focus on optimizing value by drawing on the resource skills of attorneys, investment banks, financial advisors and real estate advisors.

This session will highlight particularly interesting case law developments to date in 2017 and their impact on bankruptcy law and practice.

Great Debates Resolved: Passively holding an asset of the estate in the face of a demand for turn-over violates the stay. (I swear, Your Honor, I didn’t do anything!) Resolved: Gift plans violate the Bankruptcy Code and are outlawed by Jevic. (Is it really a birthday without the gifts?) Resolved: A trustee should be permitted to avoid transfers occurring many years prior to the petition date by stepping into the shoes of “special” creditors such as the IRS or the FDIC pursuant to § 544(b). (I’m Baaaack!!!)

This panel will examine the strategies for dealing with unknown claims in chapter 11, the limits that due process places on those strategies, and the impact that the Second Circuit’s recent decision in In re Motors Liquidation may have on those strategies going forward.

Join ABI for its first recreation of the infamous “TED Talks,” with speakers focusing on topics only a bankruptcy guru could love, such as rules of professional conduct, career advice and teaching moments and Safe Harbor for Financial Institutions.

The next evolution of insolvency practice is upon us. The morphing of what started as a restructuring practice into a § 363 sale practice is old news, while the more recent introduction of nontraditional, sophisticated financial investors into the process has brought about another evolution: the debt-to-equity conversion. Why settle for prime and three when you can use Bankruptcy Code provisions like the absolute priority rule and the securities law exemption to come out post-effective date with a freely tradable equity instrument that will enable the holder to share in all of the upside of the reorganized enterprise? This panel will explore the mechanics of a debt-to-equity conversion in the context of a chapter 11 plan in the legal context, then will explain the valuation metrics and allocation calculations that underlie the dynamics as to who gets to participate and the amount of equity offered to the various case constituencies. The discussion will also cover the tools used to spur creditor acceptance of the conversion and uses of the paradigm as a means of raising new capital for the restructured debt, such as backstop agreements and rights offerings.