Unsecured Trade Creditors

Beware of the Traps: Ethical and Fiduciary Issues for Committee Members and Professionals

Resolved: Unsecured creditors entitled to post-petition interest can only be paid at the federal judgment rate. Pro: Rachel C. Strickland Willkie Farr & Gallagher LLP; New York Con: Joseph H. Smolinsky Weil, Gotshal & Manges LLP; New York Resolved: Actual fraud under § 523(a)(2)(A) is limited to misrepresentation. Pro: G. Eric Brunstad, Dechert LLP; Hartford, Conn. Con: Danielle Spinelli . WilmerHale; Washington, D.C. Resolved: Negative-notice procedure is sufficient to establish consent under § 363(f). Pro: Hon. Thomas J. Catliota U.S. Bankruptcy Court (D. Md.); Greenbelt Con: Hon. Martin R. Barash U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills

A Road to Recovery: How to Navigate the Twists and Turns of Insider Litigation

Advanced Defenses to Avoidance Actions: Understanding Them Can Make All The Difference

Educational Session of Committees: This panel will provide an overview of the different types of intellectual property and licenses that might exist in a debtor’s estate. The panel will focus specifically on the importance of IP as a hidden asset in bankruptcy cases and the substantial value that can be created for unsecured creditors by properly identifying and leveraging such assets.

This panel will discuss a variety of issues surrounding the use of plan-support agreements, including their structure, goals and benefits, their impact on non-signatories, disclosure and solicitation issues, lessons learned from recent cases (Innkeepers and Indianapolis Downs), and the applicability of plan-support agreements in middle-market cases.

But I Thought We Were Safe: Are Priority Claims and Legacy Employee Liabilities at Risk in a 363 Sale?

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.