Business Reorganization

Chapter 11 filings are up in 2016, and so is the use of DIP financing. This panel of leading experts will discuss cutting-edge issues in DIP financing for large and middle-market cases, including how to leverage the best results whether you’re representing the DIP lender, subordinate secured creditors, debtor or creditors’ committee.

Consumer Debate Resolved: An out-of-statute proof of claim violates the FDCPA. Business Debate Resolved: Assets can be sold free and clear of liens in state court receiverships. Judges Debate Resolved: Third-party releases should not be allowed in chapter 11 plans.

The Worker Adjustment and Retraining Notification (WARN) Act can have a substantial impact on the administration and reorganization of a chapter 11 debtor. This panel of chapter 11 and WARN Act experts will discuss the impact that the WARN Act has in a chapter 11 bankruptcy case.

A seldom-used, and even lesser-understood, provision of the Bankruptcy Code, the 1111(b) election can provide substantial leverage to a secured creditor in a bankruptcy case. This session will detail what the election is and why — as either a creditors’ or debtors’ attorney — you should understand the ramifications it can have on your case.

This session will discuss the difficulties in representing a corporate client, including issues that arise when there is a conflict between what is in the best interest of the company versus the personal interests of the officers and directors, especially in an insolvency situation.

This panel will explore the trend of private-equity firms and hedge funds favoring out-of-court workouts (with or without a pre-packaged or pre-arranged bankruptcy case) rather than traditional chapter 11 cases for achieving their restructuring goals. The panel will also debate whether the Chapter 11 Reform Commission’s recommendations adequately address such issues. Cases to be discussed include Tribune Co. fraudulent conveyance litigation, Sun Capital, ICL Holding and Sabine Oil & Gas Corp., et al.

John W. Lucas, Moderator Pachulski Stang Ziehl & Jones LLP; San Francisco Judicial Debate Resolved: Structured dismissals of chapter 11 cases must always follow the Bankruptcy Code's priority structure. Pro: Hon. August B. Landis U.S. Bankruptcy Court (D. Nev.); Las Vegas Con: Hon. Deborah L. Thorne U.S. Bankruptcy Court (N.D. Ill.); Chicago Business Debate Resolved, a company deriving income indirectly from marijuana sales that are legal under state law should be eligible for relief under the Bankruptcy Code. Pro: Daniel J. Garfield McAllister Law Office P.C.; Denver Con: Candace C. Carlyon Morris Polich & Purdy LLP; Henderson, Nev. Consumer Debate Resolved: The filing of a Proof of Claim, for a debt on which the statute of limitations has run, is a violation of the FDCPA. Pro: Stephen E. Berken Berken and Associates; Denver Con: Alane A. Becket Becket & Lee, LLP; Malvern, Pa.

This panel will discuss the various obstacles attorneys can encounter when collecting fees. The discussion will include enforcement of contractual and statutory rights to payment, over- and undersecured claims, preference claims arising from the payment of attorneys’ fees, fees incurred defending fee application objections, and other related issues.

This panel will discuss recent developments in chapter 11 and other business-related restructuring issues.

As the value of commercial and residential real property is often in flux, especially in light of the Great Recession of 2008, the rights and obligations of interested parties, as well as their incentives and motivations, can change. This panel will discuss the implications of changing valuations of residential real property in chapter 7 and 13 cases, as well as residential and commercial real property in chapter 11 cases.