Plan Confirmation

Judges’ Round-and-Round (2018 Winter Leadership Conference)

In this roundtable format, attendees can visit with leading judges (each presiding at their own table) to discuss and debate the nation’s most important recent business and consumer bankruptcy decisions.

$25.00
$25.00

A Fistful of Dollars: Thorny Chapter 11 Plan Confirmation Issues and How to Address Them

This panel will explore four challenging chapter 11 plan confirmation issues and potential ways to resolve them: (1) the appropriate cramdown interest rate; (2) the absolute priority rule; (3) plan exculpations and releases; and (4) creative ways to treat recalcitrant creditors (including unimpairment, reinstatement, contract assumption and other means).

$25.00
$25.00

Confirmation Roundtable

This session will cover a number of recent confirmation hot topics, including refinancing of secured loans in bankruptcy (BOKF NA v. Momentive Performance Materials Inc..); rights offerings and unfair discrimination (In re TCI 2 Holdings LLC); substantive consolidation with nondebtors (In re Archdiocese of St. Paul and Minneapolis); and per plan, not per debtor, confirmation (In the Matter of Transwest Resort Properties Inc.).

$25.00
$25.00

Post-Confirmation Liquidating and Litigation Trusts

This panel will discuss the process of developing and implementing post-confirmation trusts, including the transfer of litigation claims to a trust, claimant direct claims vs. company claims, trustee with discretion vs. board with veto power, voting by beneficiaries, reporting, distribution issues, funding, post-confirmation jurisdiction and involvement of the bankruptcy court, trustee liability, quasi-judicial immunity and indemnification, and interim and final distributions and tax considerations.

$25.00
$25.00

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.

$25.00
$25.00

Deconstructing the Order, Part II: Confirmation

How well do you understand your confirmation order? This panel will break down some examples of issues that create frustration for bankruptcy judges through inconsistent or vague language, misinterpretation or fundamental flaws. Panelists will navigate typical confirmation documents through drafting to final order.

$25.00
$25.00

The Best-Laid Plans...

This session will examine key chapter 11 plan and confirmation issues and considerations, including plan-support agreements, nonconsensual third-party plan releases, classification and voting, valuation and cramdown interest rates, and “gifting” in plans post-Jevic.

$25.00
$25.00

Chapter 11 Plan-Confirmation Issues

This panel will address various plan-confirmation issues, including third-party releases, equitable mootness, post-confirmation trusts, and the impact of cases such as Sunnyslope and Millennium Labs.

$25.00
$25.00

Bridging the Gap: Rights Offerings and Other Paths to Exit Bankruptcy

This panel will discuss the use of rights offerings as a bridge to exiting bankruptcy for reorganizing debtors. The panelists will focus on evolving market trends and hot-button issues arising in recent cases, such as backstop participation and related fees, treatment of nonparticipants, and questions regarding shifting values. We will also touch on other financing alternatives that reorganizing entities may consider in bridging the gap to exit.

$25.00
$25.00

NO CLE - Confirmation Roundtable

This session covers a number of recent confirmation hot topics, including structured dismissals and the absolute priority rule (In re Jevic Holding Corp.), interpretation of the Trust Indenture Act (Marblegate Asset Management v. Education Management Corp.), frontloading notice in prepacks (In re Roust Corp.), permissibility of nonconsensual third-party releases (In re Millennium Lab Holdings II LLC), and cross-border confirmations (Nortel Networks).

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