Asset Sales

Great Debates

Great Debates

Resolved: Passively holding an asset of the estate in the face of a demand for turn-over violates the stay. (I swear, Your Honor, I didn’t do anything!)

Resolved: Gift plans violate the Bankruptcy Code and are outlawed by Jevic. (Is it really a birthday without the gifts?)

Resolved: A trustee should be permitted to avoid transfers occurring many years prior to the petition date by stepping into the shoes of “special” creditors such as the IRS or the FDIC pursuant to § 544(b). (I’m Baaaack!!!)

$25.00
$25.00

Enjoining the Future: Unknown Claims and the Limits of Due Process

This panel will examine the strategies for dealing with unknown claims in chapter 11, the limits that due process places on those strategies, and the impact that the Second Circuit’s recent decision in In re Motors Liquidation may have on those strategies going forward.

$25.00
$25.00

TED Talks

Join ABI for its first recreation of the infamous “TED Talks,” with speakers focusing on topics only a bankruptcy guru could love, such as rules of professional conduct, career advice and teaching moments and Safe Harbor for Financial Institutions.

$25.00
$25.00

Plan Conversions of Debt to Equity: The Means, the Math, the Risks and the Upsides

The next evolution of insolvency practice is upon us. The morphing of what started as a restructuring practice into a § 363 sale practice is old news, while the more recent introduction of nontraditional, sophisticated financial investors into the process has brought about another evolution: the debt-to-equity conversion.

$25.00
$25.00

Loans-to-Own: How Do You Do It? Should You Do It?

The strategy of providing funding to troubled companies or purchasing existing secured debt at a discount in order to obtain ownership (so-called “loans-to-own”) continues to inspire controversy and litigation even as its use by debt financiers and other investors has become more commonplace. This panel will explore the practical considerations, business risks and legal issues associated with loans-to-own, both inside and outside of bankruptcy.

$25.00
$25.00

GM/Successor Liability Sale Issues: What Now?

$25.00
$25.00

363 Sales

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.

$25.00
$25.00

Liquidating In and Out of Chapter 11

This session will discuss (1) selecting a trust, LLC, plan administrator or other vehicle;
(2) ensuring that affirmative claims are preserved post-confirmation; (c) establishing
a value/tax basis in litigation claims and other assets transferred to a trust or LLC;
(d) key plan provisions such as preserving 2004 discovery rights, creditor oversight,
continuing court oversight, required reporting and the retention/transfer of the
attorney/client privilege; (e) the trading of interests; (f) provisions for closing the case;

$25.00
$25.00

Section 363 Sale Issues Involving Successor Liability and the Meaning of "Free and Clear"

$25.00
$25.00

Covering Your Assets!! The Ethics of Asset Protection

Attorney/Client Privilege and the Crime/Fraud Exception; Busting Up “Bankruptcy Remote” Entities

$25.00
$25.00
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ABI encourages participants to ask questions during sessions both live and on demand. If you have a question for a panelist during a session you should email the panelist your question and the panelist will respond to you promptly. Most panelists are ABI members, so you can access the panelist's email address in ABI's membership directory, or alternatively you can go to support.abi.org and ask your question there.