Plan Confirmation

This panel will discuss how to examine and cross-examine an expert witness and respond to judges. Through a fact pattern/role-playing approach, the panel will cover issues related to valuation and plan confirmation.

This panel will discuss a variety of issues surrounding the use of plan-support agreements, including their structure, goals and benefits, their impact on non-signatories, disclosure and solicitation issues, lessons learned from recent cases (Innkeepers and Indianapolis Downs), and the applicability of plan-support agreements in middle-market cases.

Two litigants will argue plan confirmation issues before a panel of three judges. These issues may include treatment of make-whole premiums, cure and reinstatement to avoid payment of default interest, plan releases and exculpation, whether multiple debtors must each satisfy § 1129 requirements in a nonsubstantively consolidated plan, plan settlements, post-petition lock-up agreements, the dischargeability of unknown claims, death traps and gifting.

This panel will discuss the variety of issues that can arise in an individual chapter 11 case and will cover the issue of limited representation — the subject that the Ethics Task Force report presented at this year’s Annual Spring Meeting. This session will also be of interest to counsel representing lenders, who are often just as befuddled when it comes to handling individual chapter 11 cases.

A session designed for new(er) attorneys or those looking to brush up on the basics of a Chapter 13. The esteemed panel will discuss the Chapter 13 process from inception to discharge (or as much as they can get done in an hour). Topics will include: Initial consultation issues; Confirmation of the plan, including, how to prepare the plan and how to address objections to confirmation; Loan modifications, including how to properly request one and how to deal with an approved/denied modification; Post-confirmation plan modifications—what you can, should, and can’t do; What’s next when the Debtor passes away; and Getting to the finish line (discharge). View Materials

Luncheon Presentation: Sponsored by MorrisAnderson

Plan-support agreements and third-party releases, venue, equitable mootness, designation of votes and separate classification. Non CLE.

This panel will discuss the creative ways that debtors, committees and settling parties are utilizing channeling injunctions, bar orders and settlements to curtail continued litigation to facilitate settlements in bankruptcy. In particular, the panelists will cover the applicable standards and the benefits that can be obtained for a bankruptcy estate and all settling parties.