2015 Views from the Bench

Do new opnions suggest doubt about the right of a lender to bid the full value of claims in Chapter 11?

A working understanding of cross-border restructuring principles has become a mainstay of contemporary practice. This panel will cover cross-border fundamentals, including the application of § 109 to foreign cases, the enforceability of foreign judgments and granting comity in a chapter 15 case involving third-party releases (In re Sino-Forest Corp. and Ad Hoc Group of Vitro Noteholders v. Vitro, S.A.B. de C.V. (In re Vitro S.A.B. de C.V.)).

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).

As social media gain a foothold in all communications, attorneys are using the platform for both business and personal use. The panel will identify the ethical dangers and professionalism concerns that are raised when attorneys use Facebook, LinkedIn, and other forms of social media. The panel will discuss, among other issues, ethics opinions from various jurisdictions dealing with social networking, the minimum standard of attorney “competence,” confidentiality, problems affecting the attorney-client privilege, using social media for investigations, locator platforms and other recent advancements, and best practices for social networking by attorneys. Non CLE.

When are they the right option? Absolute priority rule, conversion to and from chapter 7. Non CLE.

Is chapter 11 the optimal way to liquidate law firms? Jewel v. Boxer claims, drafting suggestions for releases of partners. Non CLE.

Recent cases on §§ 1113 and 1114, severance, pensions, executive compensation and WARN Act. Non CLE.

Chapter 15 proceedings, recognition and enforcement, establishment of the COMI. Non CLE.

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