abiLIVE Webinars

Hosted by the Business Reorganization & Unsecured Trade Creditors Committees This webinar will discuss various issues and recent developments regarding releases of non-debtors under chapter 11 plans. Issues for discussion will include differences among the Circuits regarding the availability of and standards applicable to such releases, potential jurisdictional and constitutional considerations regarding such releases, possible differences between chapter 11 and chapter 9 regarding this issue, the permissibility of using an “opt-out” approach for plan releases, and potential implications of the ever-broader definitional provisions delineating the scope of such releases.

The mediation may be done but the work has just begun. Drafting the settlement agreement in a form that is enforceable and captures the intent of all parties can be a formidable task. Who drafts it? What must be included, at a minimum? Is it a final agreement or just an outline to be later committed to an agreement? Pitfalls are everywhere - let our expert panel of speakers guide you through the process!

Hosted by the Business Reorganization Committee For many chapter 11 debtors, the issuance of new debt and/or equity pursuant to a rights offering is a useful tool to ensure that the reorganized company will have sufficient liquidity upon emergence. In most cases, the ability to subscribe to all or a portion of a rights offering will be awarded to stakeholders on account of their claims or interests. However, a key component of a rights offering is a backstop commitment, which is often open only to a small subset of self-selected stakeholders (the “Backstop Parties”). In exchange for providing the backstop commitment, these Backstop Parties typically receive a separate commitment fee and/or break-up fee, which is often crucial to securing their commitment. The compensation offered to Backstop Parties was at issue in recent decisions in a number of cases, such as Seadrill, Pacific Drilling, Claire’s, Peabody, and CHC Helicopters. Non-backstopping stakeholders have challenged the compensation offered to Backstop Parties on a variety of grounds, including that the proposed fees are unreasonable or unnecessary to the reorganization, or give rise to disparate treatment among creditors in violation of the Bankruptcy Code. This webinar will review the recent decisions, the factors considered by courts in approving compensation for Backstop Parties, and potential alternative ways of structuring rights offerings and the compensation for Backstop Parties. View Materials

The panel will discuss the different types of cyber fraud threats facing bankruptcy and non-bankruptcy fiduciaries and the need for advance preparation, including consideration of types of insurance available. The panel will provide general insight on fiduciaries preparation for, dealing with, and recovering from, cyber threats, and the impact of insurance coverage on these steps. This webinar is hosted by the Commercial Fraud Committee.

Join authors of the newly published second edition of ABI’s Quick Evidence Handbook as they discuss best practices and inside tips for gathering and presenting evidence in bankruptcy court. The panel will explore common evidentiary issues encountered in a bankruptcy case and provide practical information for how to navigate those issues in a hearing or at trial. The webinar promises to be an interesting and valuable discussion for anyone participating in a bankruptcy litigation, from the novice lawyer approaching his or her first hearing or trial, to an experienced bankruptcy practitioner needing a refresher or new tips before heading into a contested hearing. This webinar is hosted by the Bankruptcy Litigation Committee.

Join panelists as they explore the issues of confidentiality and privilege in bankruptcy mediations. The panel will discuss the current landscape for what may be the most critical component to the success of a mediation; and delve into what parties and courts are, and/or should be, doing to protect and preserve parties' reasonable expectations regarding the confidentiality of all that is said and exchanged during the course of a bankruptcy mediation. It promises to be an interesting discussion for anyone representing a party, or otherwise participating, in a bankruptcy mediation.

Hosted by the Asset Sales Committee This webinar will provide an overview of key provisions to be included in Section 363 asset sale orders. Speakers will cover both a basic introduction to the topic, as well as an advanced discussion on issues such as “highest and best offers” and limitations on free and clear orders. The elements discussed will be relevant to various constituents including buyers, debtors and other parties in interest.

Hosted by the Young and New Members Committee This webinar will examine the impact the ASARCO decision has had on disputes regarding fee applications. The speakers will analyze bankruptcy court opinions that have applied ASARCO’s principles, and then discuss remaining open issues, trends, and practice points.

Hosted by the Unsecured Trade Creditors Committee The speakers for this webinar will discuss creative plan provisions, confirmation issues, and other tactics used to ‘stack the deck’. In addition, the panel will discuss gerrymandering, vote incentivization schemes, drop dead provisions and golden shares, and whether or not these schemes constitute creative lawyer or a contortion of the Code.

Hosted by the Technology & IP Committee The use of technology in courtrooms is developing at a rapid pace. This webinar will offer the insight into the many ways in which technology may be used in bankruptcy cases. In particular, the webinar will include discussions regarding the various requirements in differing jurisdictions (both domestic and international in both Ch. 11 and Ch. 15) and offer the perspective of Judge Drain regarding how practitioners may use technology to improve their presentation in the courtroom.