Bankruptcy Litigation

This panel will present a fraudulent transfer update and discussion regarding the split
over § 546(e) safe harbors (Physiotherapy, Tribune, Madoff, Meritt Management),
10-year reach-back periods (Kipnis), the reinstatement of unsecured creditors’
intentional fraudulent conveyance claims and the ruling that the intent of the CEO
can be imputed to the company (Lyondell), the finding that substantive consolidation
does not augment the trustee’s § 544(b) avoiding powers by allowing the trustee to
rely on predicate creditors from another estate (Petters), and the ruling that access to
a credit line rebuts unreasonably small capital claims (SemCrude). The session will
also feature an update on the Trust Indenture Act, including discussion of the recent
Second Circuit decision in Chesapeake Energy and its implications regarding the
finality of bankruptcy court orders, and an update on the litigation of feasibility
issues (Paragon).

Price: $25.00
SKU: 172961
75 mins
Philip Bentley, Moderator Kramer Levin Naftalis & Frankel LLP David M. Hillman Schulte Roth & Zabel LLP Marc D. Puntus Centerview Partners Holdings LP Dr. Faten Sabry NERA Economic Consulting