2019

Technology is being used with increasing frequency to enhance the practice of law in complex chapter 11 cases. This panel discusses the use of cutting-edge technology in chapter 11 cases, including technology to collect and present data, prepare preference analyses, e-discovery, e-balloting and technology in the courtroom. The panel also discusses some of the challenges caused by technology, and how to avoid “death by data.”

Knowing the Bankruptcy Code, following the latest case law, and effectively advocating for your client in court are just some of the skills that make a consumer practitioner successful. But much of hard work in making a case successful happens before it is filed. This panel will examine the art of pre-bankruptcy planning in the consumer case, including strategies for marshaling the most accurate information from your client, selecting the chapter that is most appropriate for your client’s situation, and developing a strategy for prosecuting the case.

The panel will discuss the fiduciary duties of officers and directors under Delaware and other applicable state law, including the duty of care and the duty of loyalty, when the business-judgment rule applies to the conduct of officers and directors, and when a higher standard (such as enhanced review or entire fairness) applies their conduct.

Hear what our seers think about the economy and specific industries. Will the economy burst? What sectors are likely to be the most challenged? Hear from the panelists on opioid issues, indenture, credit risk, the general economy and more.

Mediating disputes is not new to bankruptcy litigation, but recent years have seen a trend toward pre-plan mediation of key issues in chapter 11 cases that pave the way for asset sales, plan confirmation and an efficient emergence from bankruptcy. Some examples of this include “bet the farm” litigation necessary to fund plan distributions, lien challenges/avoidance claims, claim objections, plan treatment, sale objections, third-party releases and insider claims, and structured dismissals. This panel discusses the role of UCCs, confidentiality of mediation discussions (especially important on case-dispositive issues if the matter is not resolved), impact of the changing composition of senior lenders from institutions to private-equity and hedge funds, and judicial acceptance and/or encouragement of mediation of key disputes, including the authority to order mediation.

Let our experts guide you through the most important current chapter 13 issues, including (1) is a chapter 7 trustee entitled to a commission on a converted case?; (2) is interest required in a 100 percent chapter 13 plan where not all disposable income is contributed?; (3) is failure to make direct payments on a mortgage grounds for denial of discharge?; and (4) can a debtor employ § 506(d) to avoid a lien in a subsequent chapter 13 case (chapter 20), even though the debtor is not eligible for discharge?

This panel, comprised of investment bankers, lawyers and principals of hedge funds, explores whether, when and how the goals and strategies of hedge funds and private-equity funds in chapter 11 cases differ from those of other creditors, including banks, insurance companies, trade creditors, unions and governmental agencies.

This panel uses hypotheticals to discuss the ethical problems facing counsel and their clients in § 363 sales including collusion, abuses during due diligence, and successor liability.

Borrowers have been using relaxed credit agreement and bond covenants to “strip” assets from the collateral/asset pools that lenders think secure them. Neiman Marcus, J.Crew, PetSmart and BC Partners are recent examples. By focusing on these examples, this panel will discuss the covenant-lite structure of today, what the documents really say, who benefits and who gets hurt, and who influences the structure and outcome.