Business Reorganization

In March 2017, the Supreme Court issued its decision Czyzewski v. Jevic Holding Corporation. The Jevic case has been regarded as the most important Supreme Court case impacting chapter 11 practice in the last decade. This panel of experts will be discussing the impact and implications that the Jevic decision will have on business bankruptcies for years to come.

This session will feature a “speed-dating-style” of roundtable discussion of current bankruptcy and practical skills issues with regional judges and trustees changing tables every 15-20 minutes.

Bill Rochelle will review the cases creating a bankruptcy buzz that practitioners should be aware of.

A chapter 11 case can present a host of ethical pitfalls for unsuspecting attorney. Whether you represent debtors or creditors, this panel will discuss common ethical issues facing practitioners in a chapter 11 case.

Learn the various successor liabilities rules and considerations both under common law and specialized statutes, such as ERISA, and how those successor liabilities rules may be impacted by and impact a bankruptcy proceeding.

Resolved: Third-party releases should never be permitted. Resolved: Jevic does not apply to gifting.

This panel will discuss the viability of bankruptcy remote LLC structures after Intervention Energy Holdings and Lake Michigan Beach Pottawattamie Resort, and the fiduciary duties of members. The panel will also explore derivative claims, special concerns regarding single-member LLCs, and sales of LLC interests.

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

This panel features leading professionals in the chapter 11 practice area who were directly involved in the Jevic chapter 11 case, as well as a distinguished retired bankruptcy judge. This session will cover the underlying Jevic chapter 11 case, the Supreme Court’s opinion in Jevic and its impact on chapter 11 practice, and strategic alternatives in light of the decision.

Do you know and understand what’s in your DIP order? This panel will break down some examples of issues that create frustration for bankruptcy judges through inconsistent language, overreaching requirements, misinterpretation or fundamental flaws. Panelists will navigate the typical DIP motion through drafting to final order.