Creditors' Committee

NO CLE - Commercial Session: All for One and One for All: Overcoming Challenges When the Interests of Creditors' Committee Members Diverge

Although a creditors’ committee represents the interests of all general unsecured creditors, committee members often have competing interests. This panel discussion will explore the types of conflicts and intercreditor issues that can arise, the impact of those issues on the ability of the committee to perform its duties, and how disputes among committee members are resolved.

Free Session

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NO CLE - Flashpoints for Intercreditor Disputes

What happens after a successful credit bid? This panel will discuss the scope of § 363 sale orders and whether they should or even can address intercreditor issues, corporate governance and funding issues, unitranche deals, the difference in protections between an Agreement Among Lenders and an Intercreditor Agreement, the Radio Shack intercreditor adversary proceeding, § 1111(b) elections (Baker Hughes), adequate protection (In re Chardon) and lien-stripping (Caulkett).

Free Session

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NO CLE - Judges Hot Topics

A roundtable discussion with a select group of bankruptcy judges will focus on breaking issues and best practices for professionals.

Free Session

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NO CLE - Judges’ Panel

Free Session

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NO CLE - NO-CLE: Momentive: Revisiting Till and Secured Creditor Cramdow

The Momentive decision is one of the most momentous decisions concerning secured creditor cramdown in recent years. This panel will review the Supreme Court’s Till decision and post-Till developments and explore the Momentive decision, focusing on the decision’s impact on and importance for future restructurings.

Free Session

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NO CLE - International/Secured Credit

Collateral Protection and Competing Priorities: Secured Credit in the International Arena

Free Session

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NO CLE - Great Debates

Resolved:
A chapter 11 plan can grant a third-party release.
Resolved:
A bankruptcy judge can disband a creditors’ committee.
Resolved:
Filing a proof of claim on a time-barred debt violates the FDCPA

Free Session

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NO CLE - How Much Momentum Will Momentive Create? Judicial Interpretation and Enforcement of Intercreditor Agreements

The more things change with intercreditor agreements, the more they stay the same — or so it seems. The interpretation and enforcement of intercreditor agreements continues to take center stage in many cases (high-profile and otherwise), and each decision seems to equally shed more light and raise more questions about intercreditor agreements in the bankruptcy context.

Free Session

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NO CLE - Bankruptcy Litigation Panel

Fraudulent transfer update (§ 546(e) (Lyondell, Tribune, Boston Generating)); Cortlandt; automatic stay litigation (i.e., requirement to turn over funds (Weber)); § 503(b)(9); aiding and abetting claims (Rural Metro); post-Stern consent to jurisdiction cases (Sixth, Seventh and Ninth Circuits and Supreme Court (Exec. Benefits, Wellness).

Free Session

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NO CLE - How Secured Are Secured Creditors? The Changing Landscape of Secured Creditors and Chapter 11 Plan Confirmation

This panel will provide a review and analysis of § 1129(a) and (b) confirmation standards focused on recent and hot topic areas affecting senior and junior secured creditors. Discussed will be Momentive Performance issues, including cramdown interest rates at below-market rates even when market rates exist, the extent of the subordination of senior subordinated noteholders, the enforceability of make-whole payment provisions in chapter 11 plans, and intercreditor and cramdown issues.

Free Session

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