Creditors' Committee

This panel will discuss post-petition financing issues, such as what it takes for a third party to prime a DIP and what should be allowed for controls by secured creditors via DIP financing cash-collateral orders, including case milestones. What terms are and should be acceptable in first-day cash-collateral and DIP-financing orders (Aegean)? Too much control, or simply adequate protection? § 1111(b) elections (Baker Hughes); adequate protection (Chardon); lien-stripping (Caulkett); credit bidding and other rights in connection with § 363 sales (Aerogroup); the recent credit bidding decision in Aeropostale; and the use of roll-ups.

This panel will discuss post-petition financing issues, such as what it takes for a third party to prime a DIP and what should be allowed for controls by secured creditors via DIP financing cash-collateral orders, including case milestones. What terms are and should be acceptable in first-day cash-collateral and DIP-financing orders (Aegean)? Too much control, or simply adequate protection? § 1111(b) elections (Baker Hughes); adequate protection (Chardon); lien-stripping (Caulkett); credit bidding and other rights in connection with § 363 sales (Aerogroup); the recent credit bidding decision in Aeropostale; and the use of roll-ups.

ABCs aren’t just for kids anymore! Come join some of the nation’s leading experts as they identify the important building blocks of this tool to liquidate insolvent companies.

This panel of experienced professionals will discuss and analyze what it takes to maximize results for unsecured creditors in today’s chapter 11 cases.

This session will explore the following questions: Should all similarly situated creditors have the right to participate in rights offerings, financings, etc.? Does it violate Bankruptcy Code provisions or policy to allow a subset of creditors to receive fees and increase their recovery at the expense of similarly situated creditors? Is mandatory market-testing a viable solution?

The Supreme Court’s opinion in Jevic limited the options available to effectuate settlements, particularly over the objection of impacted parties. This panel will discuss creative approaches to implementing settlements and disposing of cases, with a special focus on cases where objecting parties are seeking to prevent settlement.

Secured lenders work with debtors and committees in large chapter 11 cases to modify the environment in which the chapter 11 estate proceeds. This panel will examine the contemporary attributes of negotiated modifications and accommodations in connection with cash-collateral stipulations, DIP financing agreements, bidding procedure orders and chapter 11 plans. The panel will also consider whether any of the typical compromises are questionable in light of decisions, such as Jevic, that challenge the ability of courts and constituents to modify the structure of the chapter 11 playing field.

A look at the Supreme Court and bankruptcy law, with a focus on recent and pending cases.

Hosted by the Secured Credit and Unsecured Trade Creditors Committees Unsecured trade creditors and secured creditors confront similar plan analysis issues, including gerrymandering, vote incentivization schemes, drop dead provisions, and golden shares. The panel will discuss some of those “creative” plan provisions and interesting confirmation issues that impact both secured and unsecured creditors.