Business Reorganization

This panel will explore key issues via a live demonstration of a confirmation hearing. Learn what evidence is required to confirm a plan, and how to present and cross-examine experts in connection with feasibility. How would you rule?

This panel will survey current business bankruptcy developments, including issues ranging from bankruptcy courts’ jurisdiction, venue and constitutional authority to other practical issues affecting estate professionals, plan confirmation and enforcement, avoidance actions and other bankruptcy-related litigation.

This panel will survey tricky issues involving eligibility, good-faith filings, small business bankruptcies and single-asset cases.

Judicial Debate RESOLVED: Bankruptcy Code section 307 and the corresponding Federal Rules of Bankruptcy Procedure should be amended to permit the Court to limit the role of the United States Trustee in corporate chapter 11 cases for cause upon motion of an Official Committee of Unsecured Creditors appointed in the case. Mitchell Ryan 203605, Moderator Rust Omni; Orange, Calif. Pro: Hon. Peter W. Bowie 184974 U.S. Bankruptcy Court (S.D. Cal.); San Diego Con: Hon. August B. Landis 108698 U.S. Bankruptcy Court (D. Nev.); Las Vegas Business Debate Resolved: Municipalities should not be permitted to modify pension benefits in chapter 9. Mitchell Ryan 203605,Moderator Rust Omni; Orange, Calif. Pro: Sharon L. Levine 104784 Lowenstein Sandler LLP; Roseland, N.J. Con: James H.M. Sprayregen 100999 Kirkland & Ellis LLP; Chicago Consumer Debate Resolved: Trustees should not be permitted to sell property where there is no equity for the estate. Mitchell Ryan 203605, Moderator Rust Omni; Orange, Calif. Pro: C.R. "Chip" Bowles, Jr. 103012 Bingham Greenebaum Doll LLP; Louisville, Ky. Con: Ford Elsaesser 105080 Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.; Sandpoint, Idaho

HOSTED BY: SECURED CREDIT COMMITTEE Make-whole provisions in loan documents, which compensate lenders for the loss of future interest payments when a borrower voluntarily prepays its debt, and no-call provisions, which prohibit the prepayment of debt before maturity, can greatly affect distributions to creditors in bankruptcy. The enforceability of these provisions has given rise to extensive litigation in such cases as AMR Corp. (American Airlines), School Specialty, GMX Resources and Chemtura. This 75-minute webinar will review recent decisions and the current state of the law concerning make-whole and no-call provisions. Key takeaways that practitioners should be aware of when drafting these provisions will also be discussed. SPEAKERS Charles Reardon Asgaard Capital LLC Vienna, Va. Stanley B. Tarr Blank Rome LLP Wilmington, Del. Andrew V. Tenzer Paul Hastings LLP New York

ABI has embarked on a significant review of the Bankruptcy Code of 1978. It has been more than 30 years since the Code was enacted, and a consensus has emerged that the current law needs an overhaul. The world has changed, including the financial environment and the operation of the markets, and the Code even as amended was not designed to deal with many of these changes. The ABI Commission to Study the Reform of Chapter 11 will study and propose reforms to chapter 11 and related statutory provisions that will better balance the goals of effectuating the effective reorganization of business debtors, with the attendant preservation and expansion of jobs and the maximization and realization of asset values for all creditors and stakeholders. Presenters will outline the work that the Commission has conducted to date, its mission and its findings. Further discussion will map out a way forward and perhaps include some crystal ball work to see what reforms might — ahem — emerge from Congress.

This panel will discuss Freedom Industries, fracking and other issues.