Asset Sales

NO CLE - GM/Successor Liability Sale Issues: What Now?

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NO CLE - 363 Sales

The panel will address the pros and cons of a 363 sale, essential provisions to include in your bidding procedures and hot topics in 363 sales including credit bidding, reopening an auction, consigned goods, sale of customer information and successor liability.

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NO CLE - 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;

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NO CLE - Section 363 Sale Issues Involving Successor Liability and the Meaning of "Free and Clear"

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NO CLE - Covering Your Assets!! The Ethics of Asset Protection

Attorney/Client Privilege and the Crime/Fraud Exception; Busting Up “Bankruptcy Remote” Entities

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NO CLE - Disruptive Engagement: The Role of Creditors’ Committees and Individual Creditors in Asset Sales

Presented by the Asset Sales and Unsecured Trade Creditors Committees

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NO CLE - Great Debates

Consumer Debate
Resolved: An out-of-statute proof of claim violates the FDCPA.
Business Debate
Resolved: Assets can be sold free and clear of liens in state court receiverships.
Judges Debate
Resolved: Third-party releases should not be allowed in chapter 11 plans.

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NO CLE - Hot and Emerging Topics in § 363 Sales: Of Structured Dismissals and Creeping Liabilities

Section 363 sales have become a widely accepted, if not preferred, method of monetizing the assets of a debtor in chapter 11 bankruptcy. This expert panel will discuss the hot and emerging topics related to § 363 sales.

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NO CLE - Great Debates - Georgetown Univ. Law Center; Views from the Bench

Great Debates
Paul M. Nussbaum, Moderator
Whiteford Taylor Preston, LLP; Baltimore
Resolved: A structured dismissal that violates the absolute priority rule should never be permitted.
Pro: Craig Goldblatt
WilmerHale; Washington, D.C.
Con: Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Resolved: Asset sales under § 363 should lawfully be free and clear of successor-liability claims.
Pro: Hon. Robert E. Gerber (ret.)
U.S. Bankruptcy Court (S.D.N.Y.); New York
Con: William P. Weintraub
Goodwin Procter LLP; New York

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Media: Video
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NO CLE - Great Debates

Great Debates
Timothy J. Hurley, Moderator
Taft Stettinius & Hollister LLP; Cincinnati
Resolved: Impairment is a good thing and should be encouraged.
Pro: Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Con: Hon. John E. Hoffman
U.S. Bankruptcy Court (S.D. Ohio); Columbus, Ohio
Resolved: If you get caught hiding assets from the piper, you should pay the piper — with exempt assets.
Pro: Hon.Eugene R. Wedoff (ret.)
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Con: Hon.James M. Carr
U.S. Bankruptcy Court (S.D. Ind.); Indianapolis

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