Plan Confirmation

NO CLE - 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.

Free Session

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NO CLE - 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.

Free Session

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NO CLE - 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.

Free Session

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NO CLE - 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.

Free Session

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NO CLE - 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.

Free Session

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No CLE - ABI-Live: Creative Strategies and Schemes in Chapter 11

Hosted by the Unsecured Trade Creditors Committee

The speakers for this webinar will discuss creative plan provisions, confirmation issues, and other tactics used to ‘stack the deck’. In addition, the panel will discuss gerrymandering, vote incentivization schemes, drop dead provisions and golden shares, and whether or not these schemes constitute creative lawyer or a contortion of the Code.

Free Session

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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).

Free Session

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NO CLE - Case Law and Rules Update

This session will highlight particularly interesting case law developments to date in 2017 and their impact on bankruptcy law and practice.

Free Session

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NO CLE - Great Debates

Great Debates

Resolved: Passively holding an asset of the estate in the face of a demand for turn-over violates the stay. (I swear, Your Honor, I didn’t do anything!)

Resolved: Gift plans violate the Bankruptcy Code and are outlawed by Jevic. (Is it really a birthday without the gifts?)

Resolved: A trustee should be permitted to avoid transfers occurring many years prior to the petition date by stepping into the shoes of “special” creditors such as the IRS or the FDIC pursuant to § 544(b). (I’m Baaaack!!!)

Free Session

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NO CLE - Plan Conversions of Debt to Equity: The Means, the Math, the Risks and the Upsides

The next evolution of insolvency practice is upon us. The morphing of what started as a restructuring practice into a § 363 sale practice is old news, while the more recent introduction of nontraditional, sophisticated financial investors into the process has brought about another evolution: the debt-to-equity conversion.

Free Session

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