2016, 2016 New York City Bankruptcy Conference

Ethics Panel: Current Issues in the Retention and Compensation of Bankruptcy Professionals

How will the Supreme Court’s decision in Baker Botts v. ASARCO affect professional fees? Will there be an increase in fee litigation in future chapter 11 cases? This panel will also explore the Tribune standard for payment of unsecured creditors’ post-petition professionals’ fees, fees awarded as part of global settlements (Lehman), and the recent use of fee examiners.

$25.00
$25.00

Current Issues in the Energy Sector

How are cash-collateral orders and adequate-protection packages being fashioned in E&P bankruptcies, and what intercreditor issues can arise as a result? This panel will discuss questions relating to lender collateral that may surface in E&P cases, such as (1) the absence of blanket liens, liens on reserves and cash as security; (2) the impact of state law defining property rights in such assets as royalty streams and leasehold interests; and (3) contract interpretation issues involving prepayment agreements and other arrangements.

$25.00
$25.00

Flashpoints for Intercreditor Disputes

What happens after a successful credit bid? This panel will discuss the scope of § 363 sale orders and whether they should or even can address intercreditor issues, corporate governance and funding issues, unitranche deals, the difference in protections between an Agreement Among Lenders and an Intercreditor Agreement, the Radio Shack intercreditor adversary proceeding, § 1111(b) elections (Baker Hughes), adequate protection (In re Chardon) and lien-stripping (Caulkett).

$25.00
$25.00

Bankruptcy Litigation Panel

This panel will focus on three current topics: (1) discovery, with an emphasis on the impact of the new federal discovery rules regarding “proportionality”; recent developments in e-discovery, including questions of possession, custody and control in discovery disputes; the Model Protocol for Discovery of Electronically Stored Information (ESI); and limitations on e-discovery (ResCap); (2) litigating with “common interests,” covering all about what a “common interest” is, whether an agreement is needed and court approval should be sought, the limits compared to attorney/client and work-product

$25.00
$25.00

Multiple Debtors: Best Practices for Corporate Governance in Multi-Debtor Cases

This panel will discuss how to make sure management (and the board) plays the role of neutral stakeholder throughout a plan and/ or § 363 process. Can the same board and management team truly represent the interests of stakeholders of BOTH a corporate parent and its subsidiaries? What if there are dozens of affiliates whose creditors have disparate interests? Why is the issue of corporate separateness (and related conflicts) overlooked in some multiple-debtor cases, but addressed in others? What are the pros and cons of various tools for addressing potential conflicts?

$25.00
$25.00

Restructuring and Plan-Support Agreements, and Other Trends in Out-of-Court Restructurings

This session will cover why some out-of-court restructurings fail (EFIH, Walter) while others succeed, MNPI, trading and disclosure issues, no-shop provisions, holdouts and free-riders, and Trust Indenture Act issues.

$25.00
$25.00

How Can Puerto Rico Restructure Its Debt Obligations and Return Its Economy to Growth?

The panel will discuss how Puerto Rico can implement economic growth and fiscal stability measures and right-size its debt obligations, and the legal, political and financial tools that can be used to achieve an optimal outcome for Puerto Rico and its people, businesses and creditors.

$25.00
$25.00

The Changing Retail Environment and Restructuring Consequences

How are retail bankruptcies conducted today vs. 10+ years ago? How are future retail bankruptcies likely to look? What are the macro trends in retail, and what are the consequences of traditional brick-and-mortar retail? What will be the dominant types(s) of retail platform(s), and who will be buying or investing in retail assets? This session will cover IP and other technology issues (valuation, liens on IP), lease issues, privacy issues, credit cards and gift cards.

$25.00
$25.00

Recent Issues in Plan Confirmation

The panel will discuss recent decisions on cramdowns, gifting, equitable mootness and structured dismissals (Jevic), statutory subordination (American Housing Foundation), nonconsensual releases (Seaside Engineering), plan modification (SCH Corp.) and impairment, what happens when the debtor is not required to pay the contractual rate of interest on unsecured notes (EFH), post-petition interest (what is the federal judgment rate if a contract rate does not apply?), and the scope of § 524(e).

$25.00
$25.00

Fraudulent Transfer Litigation

This panel will focus on recent litigation regarding actual vs. constructive fraud, how to plead and prove actual intent (Lyondell), the anticipated Second Circuit decision on safe harbors, etc., “fraudulent spin-off” cases (Tronox, Chemours, Paragon Offshore) and conflict-of-law issues.

$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.