Investment Banking

Hosted by the Asset Sales and Financial Advisors and Investment Banking Committees FAs, IBs, RE advisors, attorneys: too many cooks in the kitchen? This panel will discuss the anatomy of the bankruptcy sales process and focus on optimizing value by drawing on the resource skills of attorneys, investment banks, financial advisors and real estate advisors.

This panel will discuss current trends and recent decisions in cash collateral usage, debtor-in-possession financings and exit financings, including strategies for effectively negotiating such financing arrangements, best practices and addressing common objections.

Join this nationally renowned speaker for an overview of our national economic outlook, along with some possible risk factors that could impact the forecast, and household balance sheets in particular.

This panel will analyze the impact of recent decisions on investment strategy, including the use of restructuring support agreements and federal and state law remedies, as well as the litigation risk of recoveries absent a bankruptcy filing; the acceleration of debt maturities and redemption/“make whole” premiums; and the scope of § 546(e) “safe harbor” provisions.

A panel of judges, academics and Supreme Court practitioners will lead a discussion regarding the 2016-17 Supreme Court decisions of note for insolvency practitioners, as well as the high court’s most impactful, interesting or problematic decisions on bankruptcy practice to date. Amendments to Rule 37(e) (in effect since December 2015), as well as courts’ and litigants’ experiences with amended Rule 37(e), will also be discussed.

The strategy of providing funding to troubled companies or purchasing existing secured debt at a discount in order to obtain ownership (so-called “loans-to-own”) continues to inspire controversy and litigation even as its use by debt financiers and other investors has become more commonplace. This panel will explore the practical considerations, business risks and legal issues associated with loans-to-own, both inside and outside of bankruptcy. Discussion on transactions outside of bankruptcy will include the scope of due diligence, intercreditor issues, insider participation, “bankruptcy-proofing,” and the risks and benefits of a “friendly foreclosure.” Discussion on transactions inside of bankruptcy will include using DIP financing to achieve ownership, potential limits on credit bidding, the impact of including or excluding insiders from the post-closing company, and risks presented by remedies such as equitable subordination and involuntary debt recharacterization.

Presented by the Business Reorganization and Financial Advisors & Investment Banking Committees

How do hedge funds and other distressed investors think about the world? Our panelists know the answers! Come and learn how distressed investors examine opportunities in bankruptcy cases and how they think about pursuing their objectives during a bankruptcy case.

This panel explores DIP issues in a chapter 11 case and is intended to provide both fundamental information and an overview of emerging issues, including: What is the primary analysis that needs to be undertaken? How do you assess a 13-week cash flow? Who are your potential lenders, and what are the potential terms? What are the pitfalls and areas of concern for other parties in interest, the U.S. Trustee and the court?