Plan Confirmation

A detailed analysis of the many aspects of this important bankruptcy court decision.

This panel will explore key chapter 11 plan confirmation issues by way of a live demonstration of a confirmation hearing. The demonstration will address the most commonly litigated legal issues with respect to plan confirmation, the evidence required to satisfy those requirements, and in particular, how to present and cross-examine experts in connection with feasibility. How would you rule?

This panel is part of our continuing series on drafting skills for bankruptcy and restructuring attorneys. The panel is intended to provide a practical “how to” discussion and analysis of drafting chapter 11 plan documents including the Disclosure Statement, the Chapter 11 Plan, Liquidating Trust Agreements, and related document. The panel will provide form documents and discuss heavily negotiated or scrutinized provisions in these documents.

This panel will explore ways to draft pre-petition settlement agreements so that they are “bankruptcy- and preference-proof.” Post-petition settlement agreements will be addressed, with a focus on a discussion of releases, further assurance clauses, indemnification issues, and the settlement of various types of contested matters and adversary proceedings such as claims objections and avoidance actions.

This panel will discuss recent confirmation issues, including whether a plan that offers new value from an insider can be confirmed without an auction process (In re Castleton Plaza, LP); the effect of third-party guarantees (In re Loop 76); whether claims-purchasers must have “good cause” to change a plan vote (In re J.C. Householders Land Trust #1); and treatment of non-recourse claims under § 1111(b) (In re B.R. Brookfield Commons No. 1 LLC).

This panel will explore key issues via a live demonstration of a confirmation hearing. Learn what evidence is required to confirm a plan, and how to present and cross-examine experts in connection with feasibility. How would you rule?

The chapter 11 plan has been confirmed, and consummation is on the horizon. But unforeseen circumstances have put the plan in peril or, worse yet, have caused the plan to fail. This panel will discuss the issues that arise when a plan fails post-confirmation. What alternatives exist? What provisions should be included in a plan to anticipate and guard against failure? Where can the parties go for court assistance?

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