Business Reorganization

Find out the latest about the cases that keep you up at night.

This panel will explore how to navigate the myriad issues caused by bad-faith chapter 11 filings and will discuss current case law and trends, including how and when a case should be dismissed, whether a business entity can be formed by real estate investors solely to file a chapter 11 bankruptcy, venue-shopping and a host of other issues.

Hear from a noted Supreme Court scholar and the Reporter to the ABI's Commission to Study the Reform of Chapter 11.

Just what is and is not property of the estate? This panel will present a thorough review of § 541 and its application in real-world situations.

This panel will discuss the mechanics and pros and cons of pre-packaged plans, covering topics such as favoring secured creditors over unsecured, retaining previous directors and managers. The panel will discuss voting/solicitation requirements, prepack-specific first day motions, and notice requirements. The panel will discuss plan support agreements and the case law detailing the issues associated with a pre-packaged plan.

This panel will explore key chapter 11 plan confirmation issues by way of a live demonstration of a confirmation hearing. The demonstration will address the most commonly litigated legal issues with respect to plan confirmation, the evidence required to satisfy those requirements, and in particular, how to present and cross-examine experts in connection with feasibility. How would you rule?

The Final Report of the Commission to Study the Reform of Chapter 11 is the culmination of more than two years of testimony, advisory reports and deliberations. This panel will present key finds as submitted to Congress and includes several members of the Commission and the official reporter.