Business

In ABI’s returning series on best drafting practices, we turn to plans and disclosure statements. Our panel will explore cutting-edge issues in drafting plans and disclosure statements, as well as current trends and best practices. This program will be geared toward small, mid-sized and large bankruptcy cases.

Today’s bankruptcy cases are almost all done in record time. Join our nationally recognized experts as they discuss a range of best strategies for both debtors and creditors to expedite both in- and out-of-court business reorganizations. This panel will discuss out-of-court remedies, prepacks and other procedures to increase efficiency in reorganizing struggling businesses.

Chapter 11 filings are up in 2016, and so is the use of DIP financing. This panel of leading experts will discuss cutting-edge issues in DIP financing for large and middle-market cases, including how to leverage the best results whether you’re representing the DIP lender, subordinate secured creditors, debtor or creditors’ committee.

Resolved: A “workaround” contract provision is enforceable after Baker Botts v. ASARCO. Resolved: If a mortgage includes a security interest in a mortgage escrow account, the mortgage loan can be modified under § 1322. Resolved: Section 1129(a) requires an impaired accepting class for each debtor.

Consumer Debate Resolved: An out-of-statute proof of claim violates the FDCPA. Business Debate Resolved: Assets can be sold free and clear of liens in state court receiverships. Judges Debate Resolved: Third-party releases should not be allowed in chapter 11 plans.

The Worker Adjustment and Retraining Notification (WARN) Act can have a substantial impact on the administration and reorganization of a chapter 11 debtor. This panel of chapter 11 and WARN Act experts will discuss the impact that the WARN Act has in a chapter 11 bankruptcy case.

A seldom-used, and even lesser-understood, provision of the Bankruptcy Code, the 1111(b) election can provide substantial leverage to a secured creditor in a bankruptcy case. This session will detail what the election is and why — as either a creditors’ or debtors’ attorney — you should understand the ramifications it can have on your case.

This session will discuss the difficulties in representing a corporate client, including issues that arise when there is a conflict between what is in the best interest of the company versus the personal interests of the officers and directors, especially in an insolvency situation.

Section 363 sales have become a widely accepted, if not preferred, method of monetizing the assets of a debtor in chapter 11 bankruptcy. This expert panel will discuss the hot and emerging topics related to § 363 sales.