Nebraska State Approved Sessions

Professional Development Track: Advancing in the Restructuring Profession This panel of well-known and respected department heads will offer advice to young professionals on how to advance in their careers. From rainmaking to servicing clients to becoming involved in professional organizations, the panelists will offer practical tips that helped guide them in their career advancement.

Chapter 11 Track: The § 1111(b) Election, Plan Feasibility and Cramdown Issues Utilizing a case study, this panel will explore issues surrounding a lender’s decision on whether or not to make an election under § 1111(b), feasibility issues, voting issues and solid mathematical analysis.

Chapter 11 Track: Mock Hearing—DIP Financing and 363 Sales Two experienced chapter 11 counsel will conduct a mock argument before a three-judge panel on key issues that arise in the approval of DIP financing and approval of a 363 sale. DIP hearing issues will include roll-ups, liens on avoidance actions, expedited sale procedures, 506 waiver, no committee carve-out, no plan without lender’s consent, and enforcement of subordination agreements. Sale issues will include assumption and assignment or rejection of IP licenses, as well as the rights of junior lienholders to block sales where not paid in full.

Financial Advisors Track: How to Be a Successful Expert

A panel discussion of recent opinions, including In re Dynegy Holdings, Tribune and Heritage Highgate Inc., and their effect on examiner and plan confirmation issues. Issues to be discussed include: Examiner Issues including when directors and officers may be liable for restructuring, made especially relevant in In re Dynegy Holdings, and the Examiner's Report issued on March 9, 2012. Other cases to be discussed include Lyondell Chemical Co., Washington Mutual, Lehman Brothers. Select Plan Confirmation Issues including: a. Competing plans, noteholder classification, enforceability of inter-creditor agreements, made relevant in Tribune. b. Elimination of junior liens and valuation issues at plan confirmation, made relevant by the Third Circuit’s recent decision in Heritage Highgate Inc. Participants: Richard J. Corbi, Moderator Lowenstein Sandler PC; New York Eric D. Winston Quinn Emanuel Urquhart & Sullivan LLP; Los Angeles David M. LeMay Chadbourne & Parke LLP; New York Michael J. Viscount Fox Rothschild LLP; Atlantic City, N.J. W. Joshua Brant Cadwalader, Wickersham & Taft LLP; New York

When is an individual Chapter 11 a better fit for your client? Think through an individual Chapter 11 plan and spot critical issues that can lead to success. A panel of experienced individual Chapter 11 practitioners will guide you, step by step, through a successful individual Chapter 11 case, and discuss problematic issues and solutions you can implement in your individual Chapter 11. Topics include: · Creating a budget on your schedules · Calculating your plan · Working with the US Trustee’s office · Tax issues · Application of the absolute priority rule · “Deemed” voting · “Reasonable and necessary” expenses · Addressing secured mortgage debts in the plan