Business Reorganization

Find out the latest happenings in all of the Southern Districts. What can impact your practice? What should?

The opening line to any discussion about the current trends in chapter 11 cases is often, “Everything is a 363 sale.” Well, not everything: The other way that companies are seeking to minimize the risks of chapter 11 is through the prepack. This panel will discuss the mechanics of, and law behind, a prepackaged chapter 11 case, including plan-support agreements, restrictions on solicitation and how you comply with them, existing restrictions regarding those parties-in-interest that are negotiating the prepack once they start negotiations and receive non-public information, how you solicit votes pre-petition from those not directly involved in the prepack negotiations, and whether at the end of the day you can really bind anybody. The panel will also discuss the risks of overreaching in a plan-support agreement, including a discussion of the Innkeepers decision issued by the U.S. Bankruptcy Court for the Southern District of New York.

Even with the asbestos cases largely resolved, chapter 11 remains the preferred — if not the only — way for debtors to address mass tort liability. Chapter 11 cases involving mass torts typically present complex and interwoven issues of jurisdiction, claims determination, choice of law, insurance, liability of third parties, injunctive protection and the like. Using as examples pending chapter 11 cases in Massachusetts (New England Compounding Company, involving tainted drugs) and Maine (Montreal, Maine & Atlantic RR, involving a massive explosion), this panel will discuss the strategic and legal considerations facing debtors, trustees, injured claimants and other creditors as they work toward or against a successful chapter 11 case.

The workshop features Chief Bankruptcy Judges Dennis R. Dow (W.D. Mo.), C. Ray Mullins (N.D. Ga.), Brendan Linehan Shannon (D. Del.), Cecilia G. Morris (S.D.N.Y), and Barbara J. Houser (N.D. Tex.), who will discuss recent circuit splits and hot topics, including the application of the absolute priority rule in individual chapter 11 cases, artificial impairment, structured dismissals, intellectual property licenses, equitable disallowance and § 502(d) issues, and more.

The workshop features Chief Bankruptcy Judges Dennis R. Dow (W.D. Mo.), C. Ray Mullins (N.D. Ga.), Brendan Linehan Shannon (D. Del.), Cecilia G. Morris (S.D.N.Y), and Barbara J. Houser (N.D. Tex.), who will discuss recent circuit splits and hot topics, including the application of the absolute priority rule in individual chapter 11 cases, artificial impairment, structured dismissals, intellectual property licenses, equitable disallowance and § 502(d) issues, and more.

This panel will discuss applicable federal and state laws, case studies, transactions in regards to actual vs. constructive fraud, tests for constructive fraudulent transfers, and professional liability.

The workshop features Chief Bankruptcy Judges Dennis R. Dow (W.D. Mo.), C. Ray Mullins (N.D. Ga.), Brendan Linehan Shannon (D. Del.), Cecilia G. Morris (S.D.N.Y), and Barbara J. Houser (N.D. Tex.), who will discuss recent circuit splits and hot topics, including the application of the absolute priority rule in individual chapter 11 cases, artificial impairment, structured dismissals, intellectual property licenses, equitable disallowance and § 502(d) issues, and more.

The workshop features Chief Bankruptcy Judges Dennis R. Dow (W.D. Mo.), C. Ray Mullins (N.D. Ga.), Brendan Linehan Shannon (D. Del.), Cecilia G. Morris (S.D.N.Y), and Barbara J. Houser (N.D. Tex.), who will discuss recent circuit splits and hot topics, including the application of the absolute priority rule in individual chapter 11 cases, artificial impairment, structured dismissals, intellectual property licenses, equitable disallowance and § 502(d) issues, and more.

A moderated roundtable featuring the judges of the Southern and Eastern Districts of New York