Business Reorganization

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

Primary focus on voluntary hospitals (including health care issues); secondary focus on NYC Opera, CCRCs, schools, etc.; duties and liabilities of directors; avoidance issues; impact of philanthropic base; avoidance, solvency and deepening insolvency issues; possible focus on benefit corporations, low-profit limited liability companies (LC3s)

Each affiliated debtor and its creditors have potentially conflicting interests in maximizing assets and minimizing claims, so how are these interests reconciled in multi-debtor cases?; can one board make decisions for all debtors?; when is an independent board or CRO needed to represent the interests of a particular business unit, and why don’t we see that more often?; how should one arrange intercompany DIP financing?; how should one ensure that all constituencies are represented and that key stakeholders are at the table?; should there be multiple creditors’ committees?; use of examiners and other third parties; increased use of motions seeking to disqualify counsel, mediators, etc.

Dilemmas of Dying Businesses: Practical and Ethical Issues to Consider When Representing Businesses that Are on Death’s Doorstep

Surviving Individual Business Bankruptcies- Considerations when choosing between Chapter 13 and Chapter 11

In today’s marketplace, more and more thought is being given to pursuing state law remedies rather than commencing chapter 11 cases. This is especially true in the middle market. This panel will discuss the financial professional’s role and obligations in out-of-court restructuring solutions, including compositions, foreclosures, assignments for the benefit of creditors and asset sales.

Individual chapter 11 cases continue to present practitioners with a variety of complex and perplexing issues. This panel will discuss navigating through an individual chapter 11 case from the perspective of both the debtor and its creditors.