Plan Confirmation

This session will discuss and analyze key rulings and the strategic implications of recent bankruptcy case law from the Rocky Mountain region, with an emphasis on decisions from courts within the Tenth Circuit.Learning Objectives:Identify and understand significant recent bankruptcy decisions from within the Tenth Circuit.Evaluate how recent rulings affect general practice and case strategy.Apply key caselaw developments to everyday practice to reduce risk and strengthen advocacy in bankruptcy proceedings.

Everyone thinks they have their form plan figured out, but what if there are issues you didn’t think about lurking in your plan? After confirmation, what comes next? What if the plan never actually goes into effect? This panel will help you avoid issues you might not have thought about once that confirmation order is entered.Learning Objectives:Attendees will identify common pitfalls and overlooked provisions that can create problems in chapter 11 plans and plan confirmation orders.Attendees will assess post-confirmation risks and challenges, including issues that arise when a confirmed plan fails to become effective.Attendees will implement practical strategies to anticipate and address potential post-confirmation complications before they become case-disrupting problems.

This session will cover adequate protection, non-pro rata roll-ups, equitizing DIPs and more. The panelists will discuss the latest and most crucial DIP-financing issues, the matters most frequently litigated, and their effects on mega-chapter 11 bankruptcy cases.Learning ObjectivesAttendees will understand recent developments in DIP financing, including adequate protection, non-pro rata roll-ups, and equitizing DIP structures.Attendees will examine key issues most frequently litigated in large Chapter 11 cases, including contested DIP terms and structuring disputes.Attendees will analyze emerging trends in DIP financing and their impact on case strategy in mega Chapter 11 proceedings.

This panel will explore recent developments affecting chapter 11 plan confirmation issues, including the evolving standards for consensual releases, gatekeeper provisions, and insights from the ConvergeOne decision. The panelists will also examine the impact of market uncertainty on business projections and analyze chapter 11 plan implications arising from pre-petition liability-management exercises (LMEs).Learning ObjectivesAttendees will understand recent developments in Chapter 11 plan confirmation, including evolving standards for consensual releases, gatekeeper provisions, and key rulings such as ConvergeOne.Attendees will examine the impact of prepetition liability management exercises (LMEs) and market uncertainty on plan structure and business projections.Attendees will analyze practical implications of confirmation-related issues for structuring and negotiating Chapter 11 plans.

Moderated by ABI’s Bill Rochelle, seven bankruptcy judges from New York, Delaware, Houston and New Jersey will predict how the Supreme Court is likely to rule on the most controversial issues in reorganization, Subchapter V and Chapter 13.Learning ObjectivesAttendees will gain insight into how bankruptcy judges view emerging and contentious issues in reorganization cases, Subchapter V, and Chapter 13.Attendees will explore judicial perspectives on how the Supreme Court may approach unresolved or split issues in bankruptcy practice.Attendees will examine practical implications of differing judicial interpretations for debtors, creditors, and case strategy.

In 2024 alone, more than 517,000 bankruptcy cases were filed in the U.S., and bankruptcy judges issued an estimated 521 reported decisions, plus another 1,241 unreported decisions. How many of those cases and issues are you familiar with? You might know what the Supreme Court did in Purdue Pharma, what the Third Circuit did in Boy Scouts, what the Fourth Circuit did in Bestwall, and what bankruptcy courts are doing in cases like Red River Talc, Celsius and FTX, but do you know the latest trends in equitable tolling, chapter 5 avoidance claims and conversion rights? Bill Rochelle and this panel of esteemed bankruptcy judges will be holding a lively discussion of a few critical-but-under-the-radar decisions that you should be reading about but likely are not. You won’t want to miss this educational and eye-opening conversation!

This panel will discuss post-Purdue case developments, including what constitutes “consent” and the role of opt-out releases (Spirit and other recent cases), third-party stays and injunctions, solicitations (Red River Talc), and the role of financial distress in chapter 11 and whether it is too restrictive (LTL). The panelists also will provide an update on where we stand regarding prepacks, nonvoting classes when confirming subchapter V plans (SushiZushi), out-of-court solutions and liability-management exercises.

Securing plan confirmation is rarely straightforward. From feasibility disputes to contested classifications and objections over good faith, bankruptcy professionals must navigate a range of legal and strategic hurdles. This panel will delve into the most pressing issues impacting plan confirmation today, including judicial interpretations of key confirmation requirements, creditor pushback on cramdown provisions, and the growing influence of subchapter V in small business reorganizations. Panelists also will highlight practical pitfalls that can derail confirmation, and will share approaches to overcoming objections and achieving consensual resolutions. 

This panel will address a variety of post-confirmation topics, starting with the pre-effective date planning and issues, and post-effective date pitfalls and deadlines. Attendees will also learn about other important topics particular to Subchapter V, post-confirmation jurisdiction, and useful tips for creditors.

This lively panel of bankruptcy judges will debate the most pressing and controversial issues shaping bankruptcy law today. Gain unique insights from the bench on evolving case law, procedural challenges and emerging trends affecting practitioners across the bankruptcy spectrum.