Claims

When a company and/or its officers and directors are involved in or accused of pre-petition wrongdoing, one of the most important assets may be director and officer (D&O) liability insurance policies. Panelists will discuss issues related to D&O policies in bankruptcy, including legal and strategic issues to aid in maximizing this important asset for an estate.

This session will cover chapter 13 claims issues, both from the creditor’s point of view (“What happens if I don’t file my claim by the bar date?”) and from the debtor’s point of view (“Can I file a protective claim?”), along with emerging claims issues regarding priority tax claims and nondischargeable post-discharge interest.

The determination of the amount of a secured creditor’s claim and related issues often have a significant impact on both junior creditor recoveries and the likelihood of a successful reorganization. Such cases as Gencarelli, School Specialty, Momentive Performance Materials and MPM Silicones regarding “make whole” or “yield maintenance” provisions, as well as cases like SW Boston relating to the calculation of oversecured or undersecured status, have led to further uncertainty in this area. These provisions are under increasing attack as debtors attempt to refinance high-yield debt in today’s lower-interest-rate environment. Finally, the recent decisions in Fisker Automotive Holdings, Free Lance-Star Publishing and RML Development have raised uncertainty in the area of credit-bidding.

Join our panel of expert estate counsel, trustees and insurance counsel as they discuss issues related to standing, safe harbors, in pari delicto and other complications that insurers and defendants use to frustrate the pursuit causes of action by Trustees

This panel will examine and discuss the rights of oversecured lenders to obtain recoveries that go beyond principal and ordinary interest and recent case law dealing. The panel will focus on the right of oversecured lenders to recover late fees, reimbursement of attorneys’ fees, make-whole provisions/pre-payment premiums, original issue discounts and default interest.

Constitutional and bankruptcy law issues raised by post-bankruptcy claims asserted by tort claimants, including finality of § 363 sale orders and due process.

This panel will explore how chapter 11 cases are currently being resolved, as many have not been going through a restructuring or reorganization. Structured dismissals, chapter 7 conversions, sale processes, liquidating trusts and other resolutions will be discussed.

Speakers: Roy S. Kobert, Moderator GrayRobinson; Orlando 1. Unbundling the Sticks: Can Debtor Counsel Limit Scope of Representation? PRO: James H. Cossitt James H. Cossitt, PC; Kalispell, Mont. CON: Guy G. Gebhardt Office of the U.S. Trustee; Atlanta 2. Eat Dirt! Can Secured Lenders be Forced to Take Title? CON: Lynn Welter Sherman Adams and Reese LLP; Tampa PRO: Harley E. Riedel Stichter, Riedel, Blain & Prosser, PA; Tampa 3. Welcome to the Laundromat! Can 363 Orders Scrub all Future Claims? PRO: John A. Anthony Anthony and Partners; Tampa CON: Elizabeth A. Green BakerHostetler; Orlando