Plan Confirmation

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.

This panel will discuss pending and recently decided Supreme Court cases.

This session will cover sub rosa plan issues, third-party releases, developments in examiner appointments, de-SPAC bankruptcies and double-dip financing structures.

Bankruptcy courts are courts of limited jurisdiction. Given that parties can neither waive nor consent to subject-matter jurisdiction, this panel will explore the limits of 28 U.S.C. § 1334 and the effectiveness of the retention of jurisdiction provisions in sale orders and confirmation orders. The panelists will discuss recent decisions on the scope of “arising under,” “arising in” and “related to” jurisdiction. The panel also will delve into whether, and to what extent, bankruptcy courts automatically have jurisdiction to interpret and enforce their own orders, including whether that jurisdiction diminishes over time. Finally, the panelists will discuss mandatory and permissive abstention and the parallel proceeding rule.

Join Bill Rochelle as he provides us with the highlights we need to know about emerging cases from the Supreme Court, Tenth Circuit and more!

This panel will review recent confirmation and related issues, including tools being deployed in the confirmation process (such as the use of conditional disclosure statements, toggle plans and lock-ups/RSAs), equitable mootness in confirmation appeals, and the latest on releases and exculpation.