Business Reorganization

How Clear is “Free and Clear” under § 363? You’re a Real Character: When Can Debt Be Recharacterized as Equity? How Can I Get a One of Those: A Third Party Release? A panel discussion of lawyers with more than 100 years of bankruptcy experience, moderated by a bankruptcy judge who used to be a corporate lawyer. The panel will discuss recent court decisions and focus on unique issues that can arise when a debtor seeks to sell estate property “free and clear,” including whether § 363 can be used to sell real property free of an otherwise valid lease, the debate over whether and under what circumstances a bankruptcy court may rule that a facially valid loan is really subordinated equity, and whether post-Stern bankruptcy courts have the authority to grant releases to non-debtors and, if so, under what conditions.

In this round-and-round format, visit with leading judges (each at their own roundtables) to discuss and debate the nation’s most important recent business and consumer bankruptcy decisions.

Hosted by the Business Reorganization and Mediation Committees

How do you make a record with a judge who is not letting you? How do you ask to withdraw the reference, or file an interlocutory appeal, without burning your bridges with the bankruptcy judge? Hear our experts provide their views on how to survive these and other worst-case scenarios.

How can your client satisfy § 1129 of the Bankruptcy Code when most creditors seem only inclined to “just say no”? Join this panel of leading experts as they explore the best strategies to obtain confirmation of a plan, and hear the arguments that are favored by objecting creditors but create the most heartburn for debtors.

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

The once booming golf course industry has resorted to bankruptcy as a way to address operational and liquidity issues. This panel explores the financial challenges facing America’s golf courses and selected restructuring issues that debtors and creditors face in their attempts to reorganize.

Learn from others’ mistakes and experiences. The panel will share tips and painful lessons on anticipating and avoiding ethical and legal problems in business restructuring cases.

This panel will consist of four short "moot court/pro-con" presentations on current chapter 11 issues, with the Judge to be a “hot bench” and also give his insights at the conclusion of each segment.