Plan Confirmation

NO CLE - Sealing the Deal: Negotiating, Documenting and Consummating Settlements in Bankruptcy

This interactive nuts-and-bolts panel will discuss three phases of settlements in the context of a bankruptcy case: (1) negotiating a settlement, including evaluating the benefits of settlement versus litigation risk and expense, negotiating tactics and strategies, and the role of the mediator; (2) drafting term sheets and settlement agreements, an overview of the law on the enforceability of term sheets and settlement agreements (both pre- and post-court approval), and the components of the settlement agreement; and (3) consummating the settlement, with an emphasis on Federal Rule of Bankrupt

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NO CLE - Chapter 11 Exit Strategies

How to keep your equity when those about you are losing theirs (and blaming it on you).

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NO CLE - Equitable Mootness

This session will focus on the current state of the doctrine and recent criticisms,
especially from the Third Circuit (Philadelphia Newspapers, SemCrude, One2One
Communications), and its applications (City of Detroit (invoking the doctrine to reject
the attempted restoration of pension benefits in the city’s bankruptcy)).

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NO CLE - Things Don’t Always Go as Planned: Post-Confirmation Modifications and Appealing an Order Denying Confirmation

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NO CLE - Confirmation and Beyond

This panel will explore a variety of issues related to plan confirmation, including artificial impairment (Village Green I, GP v. Federal National Mortgage Association), cramdown interest rates/subordination/make-whole provisions (MPM Silicones) and third-party releases (Millennium Lab Holdings).

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NO CLE - Selling an Insider’s Claim and Buying Plan Confirmation

In the first decision addressing the point, the Ninth Circuit held that there’s a difference between an insider and a claim held by an insider. The ruling blessed an insider’s sale of a claim, relieving the claim of any taint and allowing the new holder to vote on confirmation. The panel looks at the developing issues on whether the buyer is a nonstatutory insider and whether the plan can be pursued in good faith after such a sale.

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NO CLE - Chapter 13 — Post-Confirmation Issues

BAPCPA established several hurdles that debtors have to overcome in order to obtain a discharge of a confirmed plan. Confirmation of the plan in many respects is only the beginning of the process. This panel, which includes two chapter 13 trustees and an experienced creditors’ counsel and is moderated by an experienced debtors’ counsel, will explore the issues that arise after confirmation, including the completion of required tasks for a debtor to obtain a discharge.

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NO CLE - Commercial Session: Plan Issues — Support Agreements, Injunctions, Releases & Competing Plans

This panel will discuss strategies for negotiating and confirming chapter 11 plans, from support agreements and competing plans to the proper use of releases and injunctions.

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NO CLE - Chapter 13 — How to Confirm Your Plan

This panel of chapter 13 trustees will provide an in-depth analysis of the necessary steps to reach confirmation of your chapter 13 plan, including the necessary steps and analysis that are required to secure their recommendation. The panel judge will give his perspective of the mega dockets and volume of issues that are typically brought before the court.

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NO CLE - Cutting-Edge Chapter 11 Plan Issues

This program will explore current hot-button topics relating to the drafting and confirmation of chapter 11 plans. The issues discussed will including drafting to accommodate, as well as to either encourage or discourage § 1111(b) elections, and the strategy of holders of secured claims in either making or not making that election. It will also include a discussion of third-party releases and injunctions, using recent cases in the First Circuit to illustrate when such releases are, and are not, appropriate.

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