Plan Confirmation

Join ABI Editor-at-Large Bill Rochelle for this fun and informative session as he and several bankruptcy judges discuss circuit splits and hot topics on important bankruptcy issues. An attendee favorite!

This panel will provide a review of recent confirmation issues, including reinstatement in a rising-interest-rate environment, cramdown and Till in a rising-interest-rate environment, the entitlement to or apportionment of the increased value of collateral, new versions of pre-disclosure-statement plan-commitment agreements, make-whole obligations as unmatured interest, solvent debtors and creditors’ entitlement to post-petition interest, and the evolution of equitable mootness.

This panel will discuss how secured creditors can inadvertently find themselves junior in priority, diminishing the value of their loans, and how they can protect themselves.

Bankruptcy judges will discuss the most talked-about current events and controversial opinions in the insolvency world with ABI Editor-at-Large Bill Rochelle.

Regional judges will strive to answer questions on current issues.

Third-party releases remain a hot topic in bankruptcy proceedings. Learn what the laws in various circuits have to say about permissible third-party releases, whether bankruptcy courts are deemed to have subject-matter jurisdiction and statutory authority to approve third-party releases as part of confirmation orders approving plans of reorganization, and what standards are imposed by circuit courts to determine whether a third-party release should be approved.

Confirmation Roundtable: Top Tips to Confirm a Chapter 11 PlanThis roundtable will explore choices and strategies in formulating a plan, including classification, thestreamlining tools available under § 105(d), restructuring support agreements, and the murky intersection ofexculpations, releases and injunctions. The panelists will explore these topics with an eye toward sharingpractical tips for obtaining a successful confirmation.

A full panel of the distinguished Delaware Bankruptcy Court bench answering previously submitted questions from the members of the bar, providing “behind the bench” insight.

A judge, chapter 13 trustee and bankruptcy attorney will discuss how to help chapter 13 debtors succeed in chapter 13 despite increasing asset values, increased loan balances and increased expenses. This panel will delve into such issues as creating feasible plans with debtors’ ever-tighter budgets, instilling flexibility in the bankruptcy system, and dealing with asset appreciation. The panelists also will discuss options for cases that are running long in light of the Kinney decision, along with other issues that can arise.