Creditors' Committee

This session will highlight particularly interesting case law developments to date in 2017 and their impact on bankruptcy law and practice.

Judges throughout the Mid-Atlantic region will square off to debate hot topics in insolvency.

This panel will review the shift of leverage to hold-out creditors and the requirement that structured dismissals must adhere to the absolute priority rule outside of a plan.

The Asset Sales Committee will host a webinar on the roles of secured, undersecured and unsecured creditors and committees in asset sales and bidding processes involving complex capital structures. The discussion will focus on the challenges and complications that can arise in seeking an expedited sale free and clear of claims and liens and means by which creditors and committees can use the sale process to their advantage. View Materials

Presented by the Asset Sales and Unsecured Trade Creditors Committees

Resolved: A “workaround” contract provision is enforceable after Baker Botts v. ASARCO. Resolved: If a mortgage includes a security interest in a mortgage escrow account, the mortgage loan can be modified under § 1322. Resolved: Section 1129(a) requires an impaired accepting class for each debtor.

Although a creditors’ committee represents the interests of all general unsecured creditors, committee members often have competing interests. This panel discussion will explore the types of conflicts and intercreditor issues that can arise, the impact of those issues on the ability of the committee to perform its duties, and how disputes among committee members are resolved.

What happens after a successful credit bid? This panel will discuss the scope of § 363 sale orders and whether they should or even can address intercreditor issues, corporate governance and funding issues, unitranche deals, the difference in protections between an Agreement Among Lenders and an Intercreditor Agreement, the Radio Shack intercreditor adversary proceeding, § 1111(b) elections (Baker Hughes), adequate protection (In re Chardon) and lien-stripping (Caulkett).

A roundtable discussion with a select group of bankruptcy judges will focus on breaking issues and best practices for professionals.