Business Reorganization

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;


LLC Bankruptcies

This panel will focus on issues that can arise during an LLC bankruptcy, such as
what happens when parties contract out of fiduciary duties and the effect that
bankruptcy has on key provisions in an LLC operating agreement, including
management and ownership rights and remedies, as well as what happens when a
bankruptcy proceeding is initiated against the LLC or one or more of its members.
The panel will also discuss Intervention Energy and Lake Michigan, in which the
bankruptcy courts refused to enforce LLC agreement provisions requiring the


Chapter 11 Plans with Third-Party Releases and Exculpation Provisions


Hot Topics in Chapter 11

Lien-Perfection Issues; Ethical Considerations for Debtors’ Counsel; Authority to File; Creditor Standing to Prosecute Estate Claims; Cash Collateral/Adequate Protection


Practicing in the Limelight: Celebrity Bankruptcies

Representing public figures whose livelihood depends on their public image
presents particular challenges for bankruptcy professionals. This panel of
lawyers, each with their own experiences representing celebrities and other
prominent figures in their bankruptcy cases, will share their thoughts on the
process and the issues that are unique in these cases.


Not Everything Has to End This Way: Strategies for Keeping Your Retailer Out of Chapter 11

Presented by the Business Reorganization and Financial Advisors
& Investment Banking Committees


Chapter 22 or 33: An FA Post-Mortem

Every reorganized debtor’s chapter 11 confirmation order has a § 1129(a)(11)
finding that confirmation is not likely to be followed by the liquidation
or further need of financial reorganization of the reorganized debtor.
Nevertheless, it is common to see chapter 22s and chapter 33s in bankruptcy
courts. This panel of leading financial advisors and industry experts are on
the front lines of successful and not-so-successful restructurings. They will
also discuss the myriad reasons that chapter 22s and chapter 33s occur and
the lessons learned from those cases.


Rapid Fire: Strategies for a Quick Reorganization

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.

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