Plan Confirmation

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.

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.