Asset Sales

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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NO CLE - The Art of Auctioning in Bankruptcy

This panel will discuss game theories and claims trading, the private-equity angle, pre-petition debt-buying, due-process issues and information-adequacy issues in first-day sale motions.

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Media: Audio
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NO CLE - Keeping that Simple No-Asset Case a No-Asset Case: Recent Areas of Chapter 7 Trustee Activity

Debtors and their counsel want a smooth, quick chapter 7 experience and discharge: a simple no-asset case that will proceed promptly through a short, uneventful first meeting of creditors, to discharge and case closing in a matter of a few months. The chapter 7 trustee stands in the way, though, as he/she looks for discharges to deny and assets to pay creditors.

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