Plan Confirmation

Luncheon Presentation: Sponsored by MorrisAnderson

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

This panel will discuss the creative ways that debtors, committees and settling parties are utilizing channeling injunctions, bar orders and settlements to curtail continued litigation to facilitate settlements in bankruptcy. In particular, the panelists will cover the applicable standards and the benefits that can be obtained for a bankruptcy estate and all settling parties.

Utilizing a case study, ABI's panel of experts will explore issues surrounding a lender's decision on whether or not to make an election under § 1111(b), plan feasibility, and voting. The panel will also walk attendees through the necessary mathematical analysis used to analyze these issues.

The absolute priority rule: trials and tribulations of new value. Cram down issues with 1111(b)(2) and Pacific Lumber. Practical considerations when litigating non-debtor releases.

Equitable mootness, releases, resuscitation of discharged claims, etc. (Owens Corning); § 1129(a)(10) in multi-debtor nonconsolidated cases (Charter, Tribune); treatment of make-whole provisions in a plan (Chemtura); facial nonconfirmability; vote designation; post-filing lock-up agreements

Equitable mootness, releases, resuscitation of discharged claims, etc. (Owens Corning); § 1129(a)(10) in multi-debtor nonconsolidated cases (Charter, Tribune); treatment of make-whole provisions in a plan (Chemtura); facial nonconfirmability; vote designation; post-filing lock-up agreements

Chapter 11 Track: Creditors’ Committees and the Role of Indenture Trustees and Related Issues This panel will focus on the unique issues facing the indenture trustee when it elects to serve on a creditors’ committee, including how to balance potentially conflicting fiduciary duties, how to get paid, how to navigate through the plan-negotiation process and other similar types of issues.

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.