Business Reorganization

Two litigants will argue plan confirmation issues before a panel of three judges. These issues may include treatment of make-whole premiums, cure and reinstatement to avoid payment of default interest, plan releases and exculpation, whether multiple debtors must each satisfy § 1129 requirements in a nonsubstantively consolidated plan, plan settlements, post-petition lock-up agreements, the dischargeability of unknown claims, death traps and gifting.

Several authors of ABI’s recent publication, The Chief Restructuring Officer’s Guide to Bankruptcy, will be joined by other experts to discuss various issues raised in the book and provide practical insight into the rights and responsibilities of CROs in distressed situations.

This program will cover recent developments in distressed-asset sales. Topics will include successor liability, finality of sales and adherence to procedures, the interplay between §§ 363 and 365(h), intellectual property sale issues, break-up fees, collusive bidding issues and other topical issues.

"Past President's Debate: Resolved: The chapter 11 model is no longer viable for middle-market businesses. Consumer Debate: Resolved: Section 523(a)(8) should be repealed or amended to allow for the discharge of all student loan debts. Judicial Debate: Resolved: Section 546(e) does not apply to each and every link in a chain of transactions resulting in a ""settlement payment"" that is protected by the safe harbor provisions."

The Jay Alix Protocol Revisited: What Is It, How and When Has It Been/Is It Applied, Should It Be Applied Rigidly or Loosely, and Does a Viable Alternative Exist? Tips for Lawyers and Financial Professionals in Dealing with the Protocol

Cross-Border Enforcement of Orders in Restructuring Cases

E-Discovery and You: Critical Issues to Understand about Electronic Discovery

With the Supreme Court due to hear oral argument on a critical bankruptcy case on January 14, ABI has released the following free video preview of the upcoming High Court bankruptcy cases. This 75 minute program features ABI Resident Scholar Kara Bruce talking with noted appellate advocate and law professor Eric Brunstad (Dechert LLP; Hartford, Conn.). Eric has argued many cases before the Court and is an expert in bankruptcy appellate practice. He discusses in depth Law v. Siegel, which questions whether the court may use its general equitable authority under §105 of the Bankruptcy Code to surcharge a debtor's exempt assets, and Executive Benefits Insurance Agency v. Arkison (In re Bellingham), which will address the bankruptcy court's authority to adjudicate Article III matters. The latter case will be argued in January and represents another opportunity for the Court to clarify (or reverse) its holding in Stern v. Marshall. He also provides a candid view of what it is like to argue a case before the Court.

Careers in professional restructuring services are both challenging and rewarding, and evaluating strategic career moves can be equally as taxing. The panelists will provide their diverse perspectives on career paths in the restructuring world, offer practical advice for assessing potential opportunities in today’s restructuring market, and share their reflections on their own decisions to stay the course or to take on new challenges in their restructuring careers.