Plan Confirmation

This session will cover why some out-of-court restructurings fail (EFIH, Walter) while others succeed, MNPI, trading and disclosure issues, no-shop provisions, holdouts and free-riders, and Trust Indenture Act issues.

The panel will discuss recent decisions on cramdowns, gifting, equitable mootness and structured dismissals (Jevic), statutory subordination (American Housing Foundation), nonconsensual releases (Seaside Engineering), plan modification (SCH Corp.) and impairment, what happens when the debtor is not required to pay the contractual rate of interest on unsecured notes (EFH), post-petition interest (what is the federal judgment rate if a contract rate does not apply?), and the scope of § 524(e).

Public Securities and the Bankruptcy Plan Process: What Not to Do

Knowing the intricacies of how to liquidate in a chapter 11 case does not come without its surprises. This panel will lead you from A to Z on what you need to know. From the debtor perspective, it will explain how to successfully use a chapter 11 case to liquidate. From the creditor perspective, it will focus on your best chances to maximize your client’s recovery.

This panel of lawyers and a Delaware bankruptcy judge, who have been involved in some of the most contested recent confirmation battles, will discuss developments in the application of plan confirmation standards, as well as the latest trends in how that law is being applied at contested confirmation hearings.

This special session will focus on issues that frequently arise at the end of a chapter 13 case, including post-confirmation fee applications, notice of final cure issues, and other last-minute discrepancies as a debtor completes a chapter 13 case