Plan Confirmation

This panel will discuss pending and recently decided Supreme Court cases.

This session will cover sub rosa plan issues, third-party releases, developments in examiner appointments, de-SPAC bankruptcies and double-dip financing structures.

Bankruptcy courts are courts of limited jurisdiction. Given that parties can neither waive nor consent to subject-matter jurisdiction, this panel will explore the limits of 28 U.S.C. § 1334 and the effectiveness of the retention of jurisdiction provisions in sale orders and confirmation orders. The panelists will discuss recent decisions on the scope of “arising under,” “arising in” and “related to” jurisdiction. The panel also will delve into whether, and to what extent, bankruptcy courts automatically have jurisdiction to interpret and enforce their own orders, including whether that jurisdiction diminishes over time. Finally, the panelists will discuss mandatory and permissive abstention and the parallel proceeding rule.

Join Bill Rochelle as he provides us with the highlights we need to know about emerging cases from the Supreme Court, Tenth Circuit and more!

This panel will review recent confirmation and related issues, including tools being deployed in the confirmation process (such as the use of conditional disclosure statements, toggle plans and lock-ups/RSAs), equitable mootness in confirmation appeals, and the latest on releases and exculpation.

This session will cover several confirmation hot topics, including the allowance of mass tort issues, equity-linked DIP facilities, Purdue and third-party releases, exclusivity, mootness, good faith and other confirmation issues.

Customers can play a significant role in Chapter 11 bankruptcy proceedings, both in terms of the value they add to (or detract from) the debtor's business and their potential rights as creditors. In this panel discussion, we will explore the role of customers in Chapter 11 bankruptcy proceedings and the impact they can have on the process, including: The importance of maintaining or rejecting customer relationships and the impact that customer behavior can have on the success of the reorganization or sale process; The creditor role of a customer that can arise by virtue of rejection damages, including the roles and rights a customer gains by becoming a creditor; The consent and approval rights that customers may have in the Chapter 11 process and the implications of these rights for both the debtor and potential bidders in the sale process; The impact that a change of ownership can have on customers, the protections they’re afforded, and how both are addressed in Chapter 11 bankruptcy proceedings. This panel discussion will bring together experts in bankruptcy law, customer relationships, and business strategy to provide a comprehensive view of the role of customers in Chapter 11 bankruptcy proceedings. Whether you represent customers, creditors, or are simply interested in learning more about the bankruptcy process, this discussion will provide valuable insights into this complex area of the law.

This panel will focus on objections raised by counsel, and rulings by a presiding bankruptcy judge, during live mock direct and cross-examination of witnesses in a Chapter 11 confirmation hearing. Attendees will gain an understanding of how to properly make/respond to, and the merits of, certain objections to testimony in the context of a Chapter 11 confirmation hearing.