Asset Sales

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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NO CLE - Shark Tank

In a riff on the popular television show “Shark Tank,” bankruptcy practitioners will pitch a panel of judicial “sharks” for requested modifications to recent Supreme Court/circuit-level decisions and timely bankruptcy issues.

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NO CLE - Committee: The Role Of Financial Advisors And Investment Bankers In Bankruptcy Sales

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

FAs, IBs, RE advisors, attorneys: too many cooks in the kitchen? This panel will discuss the anatomy of the bankruptcy sales process and focus on optimizing value by drawing on the resource skills of attorneys, investment banks, financial advisors and real estate advisors.

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NO CLE - Case Law and Rules Update

This session will highlight particularly interesting case law developments to date in 2017 and their impact on bankruptcy law and practice.

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NO CLE - 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!!!)

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NO CLE - 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.

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NO CLE - 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.

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NO CLE - 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.

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NO CLE - 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.

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