Claims

Sponsored by Holland & Knight LLP

Two pairs of judges square off to consider (1) whether bankruptcies can be properly filed when a debtor faces a deluge of potential tort claims and (2) whether bankruptcy courts can support plans regarding certain special fee and financing arrangements for debtors. RESOLVED: That a bankruptcy is filed in good faith where the debtor is not otherwise in immediate financial distress and appears to have the liquidity to pay its creditors in full, but where the case is filed because of the debtor is a defendant facing a deluge of tort claims that could at some point threaten the debtor’s business and where the debtor believes that the mechanism for liquidating those claims through a trust created under a plan of reorganization will be fairer and better for all parties than the results that would otherwise obtain in the tort system. RESOLVED: That a bankruptcy court may approve a DIP financing agreement that incorporates the milestones set out in a restructuring support agreement, that provides that (a) the debtors will propose a plan that provides specified treatment to the Supporting Parties, which treatment is materially the same as the plan provides to similarly situated creditors; (b) obligates the Supporting Parties to vote in favor of the debtor’s plan and to vote against any competing plan; and (c) provides that the Supporting Parties (and only the supporting parties) will provide exit financing to the Reorganized Debtors, at rates and fees that exceed prevailing market terms.

This panel will discuss Code impairment and post-petition interest, provide an update on gerrymandering (including a examination of Consolidated Land Holdings LLC), and review third-party releases and the different outcomes that have occurred in different circuits.

In today’s bankruptcy world, most major cases involve at least one pre-petition class action. This panel will focus on the distinction between mass tort claims and other types of class actions, recent case law addressing the proper procedures for asserting class claims, the allowance of class claims and compensation of class counsel, and the final resolutions of class claims, either by way of settlement or pursuant to plans. Other cutting-edge issues surrounding class claims also will be discussed.

Bankruptcy Judges Elizabeth Brown and Michael Romero will discuss the year’s widest splits and most controversial opinions with ABI Editor-at-Large Bill Rochelle.

Join ABI Editor-at-Large Bill Rochelle as he hosts a panel of bankruptcy judges to discuss circuit splits on important bankruptcy issues. Back again from the Annual Spring Meeting, this attendee-favorite panel will be presented in a fun game show format, where judges will vote to resolve the issues before they reach the U.S. Supreme Court.

A panel of judges and ABI 40under40 honorees will be debating key bankruptcy issues including arbitration disputes, cramdown provisions and more! Listen in, weigh in and learn a lot! First Debate Cramdowns “East vs. West” Resolution 1: An arbitrator should decide whether disputes in bankruptcy cases and proceedings are subject to arbitration. Pro: Andrew Helman Con: Lindsi Weber Resolution 2: All disputes in bankruptcy cases and proceedings can be subjected to binding arbitration. Pro: Hon. Michael Fagone Con: Hon. Daniel Collins Second Debate Cramdowns “North vs. South” Resolution: Section 1129(a)(10) dictates that a joint chapter 11 plan may be confirmed if a single impaired class with claims against any debtor accepts the joint plan. Pro: Hon. Mary Grace Diehl & Jonathan Edwards Con: Hon. Michael Wiles & Erica Weisgerber

Hosted by the Young & New Members and Commercial Fraud Committees A frequent element of bankruptcy cases is the assertion of claims against the directors and officers of the debtor, particularly when the debtor has a significant D&O insurance policy. This panel will explore the use of fiduciary-duty litigation in bankruptcy by dissecting the anatomy of a D&O lawsuit, including the types of claims asserted and their possible defenses. The panelists will also discuss how to analyze D&O insurance policies, and such key issues as whether the proceeds of D&O policies are considered property of the estate. Finally, the panelists will highlight best practices for debtors’ counsel faced with such claims, and show how to navigate potential ethical issues.

This panel will discuss such personal-injury issues as mesh, malpractice and abuse cases in chapters 7 and 13. The discussion will include interviewing the client, appropriate disclosure of such claims, property of the estate, judicial estoppel, medical liens, federal and state exemptions, and settlements.