Business Reorganization

This panel will address issues related to (1) whether a blanket lienholder has a lien on the going concern or goodwill of a debtor under Article 9 of the UCC and how this complicated issue works out in the context of a chapter 11 case, (2) navigating §552 in regards to the post-petition effect of a pre-petition security interests, and (3) reclamation claims under §503(b)(9), including disputes between inventory lienholders and reclamation claimholders, and questions of when receipt of goods occurs, whether goods delivered to a debtor’s customer qualify for reclamation, and whether utility services are considered “goods” under §503(b)(9).

Given the popularity of the Limited Liability Company as a business organization, in recent years insolvency professionals are encountering LLC's more than ever. This is a trend that we expect to continue. This program provide online learners with a review of the major issues that arise in such cases from the debtor's, the trustees' and the creditors' standpoints. This webinar is useful for those without deep bankruptcy experience who want to keep abreast of developments in this fast-paced area, as well as experienced bankruptcy practitioners.

This panel will discuss (a) the strained relationship between the international parent and the subsidiary (including the fact that foreign operations were in different silos — i.e., there was no single C-suite per se); (b) the impact of the independent directors and the company's corporate governance best practices; (c) the international M&A process; (d) the unique (i.e., really unheard of) claims-trading activity that took place; and (e) the importance of timing (including a very difficult audit environment in the midst of an investigation).

This panel will explore current topics of interest involving third-party releases, including issues regarding: "deemed consent" of releasing parties; the scope of third-party releases; and the impact of jurisdictional or constitutional limits on bankruptcy courts to approve non-consensual third-party releases.

Resolved: Under Till v. SCS Credit Corp., a bankruptcy court is required to use a two-step approach to determine the cramdown interest rate, and must first determine whether there is an efficient market before it can use the formula approach. Resolved: A trademark licensee retains the right to use a debtor’s trademark post-rejection.

This panel will discuss safe harbors after Merit Management, the reach of the UFTA after Crystallex, and the preemption of creditor claims after Tribune and Physiotherapy Holdings, and will take a look at where the law is heading.

This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country, who will share their thoughts and perspectives — and take questions from the audience — on topics of current interest in both business and consumer cases.