Plan Confirmation

This session will cover recent Supreme Court and Sixth, Seventh and Eighth Circuit cases that you need to know about.

This panel will provide an update on mass torts and will discuss insurer issues and equitable mootness (Serta), including the exculpation and unequal treatment of creditors under § 1123(a)(4).

Join ABI Editor-at-Large Bill Rochelle for this fun and informative session as he and six judges address recent Second Circuit cases, and predict how the circuit will rule on tough questions on the way up. An attendee favorite!

This session explores the issues and implications of managing bankruptcy cases when key assumptions and expectations fail to materialize, and the exit path is no longer available. What happens then? For instances where there is limited liquidity and the case is facing possible dismissal, administrative insolvency and/or conversion to chapter 7, the panelists run through key pitfalls and provide guidance on how to effectively manage bankruptcy cases through these challenges by referencing several recent and high-profile health care cases to illustrate the harsh reality of these issues playing out today.

Join this powerhouse panel for a lively discussion regarding the true meaning of “vesting” and the implications and issues it brings to both consumer and commercial cases. The panelists debate the various interpretations of vesting and dive into a theoretical discussion of vesting across the Bankruptcy Code chapters. Through the use of hypotheticals, the moderators guide the panel’s discussion through areas of vesting that you might not have ever considered important, but you should. You can’t afford to miss this discussion.

Insurance carriers are now permitted to participate in the plan-confirmation process, even when a plan is “insurance neutral.” How do recent Supreme Court rulings change the confirmation process, or will the Bankruptcy Code permit debtors to alter the rights of insurance carriers over their objection of insurance and bind them to the terms of the plan? Finally, there are no circuit splits, no nonconsensual third-party releases under a plan — or is the issue still unsettled when the plan “pays claims in full,” and what does it mean to “consent” to a release? Opt-in, opt-out, negative notice: What works? This panel will provide an overview of the U.S. Supreme Court’s decisions in Truck Insurance Exchange v. Kaiser Gypsum Co. Inc., et al. and Harrington v. Purdue Pharma L.P., et al. and how they impact a debtor’s ability to confirm a plan. The panelists will discuss how debtors and insurance carriers will need to work to address their competing needs. The panelists also will discuss how debtors will address mass-tort bankruptcies without the third-party-release tool or workarounds, and will look to the case law and confirmed plans in circuits where nonconsensual releases are not permitted.

This panel will provide an in-depth review and analysis of chapter 13 pre- and post-confirmation issues, pitfalls, and practice tips to fully equip consumer practitioners with the tools they need to face any issues that may arise.

In this dynamic session, leading bankruptcy professionals will deliver concise, powerful TED Talk-style presentations on plan gatekeeper provisions, disinterestedness of estate professionals, fighting plan exclusivity and mentoring the next generation.