Business

The panel will address the pros and cons of a 363 sale, essential provisions to include in your bidding procedures and hot topics in 363 sales including credit bidding, reopening an auction, consigned goods, sale of customer information and successor liability.

This panel will cover the case timeline including notable appeals and decisions.

“Proceed” With Caution: Navigating 11 U.S.C. § 552’s effect on prepetition security interests in proceeds of various assets

This panel discussion will concentrate on issues commonly encountered when a closely held business and its individual owners and related businesses have financial problems, including regarding application of the absolute priority rule/new value exception to individual chapter 11 bankruptcies, conflicts, corporate governance, substantive/procedural consolidation and compensation issues

This panel will discuss special problems in ag-based DIP financing and cash collateral use and dealing with tax claims and pre-petition sales.

Avoiding being sued along with or in lieu of your client and avoiding ethical violations and malpractice.

The panelists will delve into the various issues looming over the health care and education industries, including (1) the potential changes in policy under the Trump administration, (2)overleveraged institutions and (3) the differing issues facing the for-profit and nonprofit sectors.

The panelists will discuss the various issues that have been raised in the Energy Future Holdings bankruptcy, including make-wholes, the unimpairment opinion, the pre-plan settlement appeal, and interaction with state regulators and the bankruptcy court.

This session will feature an update on the current state of the distress in Puerto Rico, including PROMESA and related litigation, and other developments.

What are bankruptcy crimes, what are the duties of the various parties in a case to investigate and report them, and what are the protections for those who do? The panelists will discuss actual-intent fraudulent transfers and the crime/fraud exception; recent cases suggest that a “fraud” that may trigger the crime/fraud exception to attorney/client privilege and that the work-product doctrine may not be limited to crimes and serious frauds, but rather may include transactions exhibiting only some “badges of fraud,” such as fraudulent transfers (Fragin, Husky International).