Asset Sales

How to Find Hidden Foreign Assets Here and There

The panel explores the challenges with foreign asset discovery in chapter 15 proceedings. Most foreign discovery is obtained either pursuant to Federal Rule of Bankruptcy Procedure 2004 or through the application of the Hague Convention. But how effective are these methods given the cumbersome and often complicated process of obtaining discovery? Are there more effective and efficient methods toward obtaining these results? Do other foreign jurisdictions have less cumbersome and more expedited processes to propound this type of discovery?

$50.00
$50.00

Not so Free, Not so Clear: An Ethical Walk Through Asset Sales

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.

$50.00
$50.00
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The Ramifications of Covenant-Lite Structures

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.

$50.00
$50.00

Maximizing Auction Results in a § 363 Sale

This panel will explore how to maximize values in an auction/§ 363 sale for all constituents, and reveal “tricks of the trade” regarding how to generate value for the estate and unsecured creditors in different ways.

$50.00
$50.00
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Attorneys and Advisors for All of Us: Representation of Directors and Managers in the Sale of Debtor Assets

Hosted by the Asset Sales and the Financial Advisors & Investment Banking Committees

$50.00
$50.00

NO CLE - ABI-Live: Let’s Make a Deal: Negotiating the Asset Purchase Agreement in Bankruptcy

 

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No CLE - ABI-Live: Let’s Make a Deal: Negotiating the Asset Purchase Agreement in Bankruptcy

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NO CLE - Great Debates at Bankruptcy 2018: Views from the Bench

Resolved: Under Till v. SCS Credit Corp., a bankruptcy court is required to use a two-step approach to determine the cramdown interest rate, and must first determine whether there is an efficient market before it can use the formula approach.

Resolved: A trademark licensee retains the right to use a debtor’s trademark post-rejection.

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NO CLE - What Are the Limits of Sale, Plan and Constitutional Mootness?

Three avenues for appellate courts to dismiss bankruptcy appeals are sale, plan and constitutional mootness. This panel will discuss the strengths and limitations of these three approaches, which appellate courts are increasingly gravitating toward and departing from, and steps and arguments parties can make to improve their chances of success in obtaining (or avoiding) dismissal of a bankruptcy appeal as moot.

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NO CLE - Comparison of Asset Sales Under § 363 and Asset Sales Pursuant to a Plan of Reorganization

Hosted by the Asset Sales and Secured Credit Committees

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