Plan Confirmation

BAPCPA established several hurdles that debtors have to overcome in order to obtain a discharge of a confirmed plan. Confirmation of the plan in many respects is only the beginning of the process. This panel, which includes two chapter 13 trustees and an experienced creditors’ counsel and is moderated by an experienced debtors’ counsel, will explore the issues that arise after confirmation, including the completion of required tasks for a debtor to obtain a discharge. Issues to be discussed include plan modification, requirements imposed upon lenders, and duties imposed upon debtors to obtain discharge.

This panel will discuss strategies for negotiating and confirming chapter 11 plans, from support agreements and competing plans to the proper use of releases and injunctions.

This panel of chapter 13 trustees will provide an in-depth analysis of the necessary steps to reach confirmation of your chapter 13 plan, including the necessary steps and analysis that are required to secure their recommendation. The panel judge will give his perspective of the mega dockets and volume of issues that are typically brought before the court.

This program will explore current hot-button topics relating to the drafting and confirmation of chapter 11 plans. The issues discussed will including drafting to accommodate, as well as to either encourage or discourage § 1111(b) elections, and the strategy of holders of secured claims in either making or not making that election. It will also include a discussion of third-party releases and injunctions, using recent cases in the First Circuit to illustrate when such releases are, and are not, appropriate. Finally, the panel will explore the tension between class-skipping carve-outs or “gifts” and the requirements of confirmation, how to deal with corporate debt defined by § 1141(d)(6) as being not dischargeable, compensation of committee members and the role of existing equity.

This panel explore what rights/causes of actions a debtor may reserve in plan confirmation and the binding effect of confirmation, and whether, in light of Harris v. Viegelahn, a means may still exist to avoid refunding undistributed funds to a debtor following the conversion of a chapter 13 to a chapter 7 case, as well as what should happen to undistributed funds upon case dismissal. The session will conclude with a discussion on the limitations on the equitable powers of bankruptcy courts following Law v. Siegel.

We all know how hard it is to confirm a chapter 11 plan. This panel will discuss cutting-edge issues related to confirming your chapter 11 plan so that you can arm yourselves for the inevitable battle — or negotiate confirmation with superior knowledge of the likely outcome.

This session will cover why some out-of-court restructurings fail (EFIH, Walter) while others succeed, MNPI, trading and disclosure issues, no-shop provisions, holdouts and free-riders, and Trust Indenture Act issues.

The panel will discuss recent decisions on cramdowns, gifting, equitable mootness and structured dismissals (Jevic), statutory subordination (American Housing Foundation), nonconsensual releases (Seaside Engineering), plan modification (SCH Corp.) and impairment, what happens when the debtor is not required to pay the contractual rate of interest on unsecured notes (EFH), post-petition interest (what is the federal judgment rate if a contract rate does not apply?), and the scope of § 524(e).