2015 New York City Bankruptcy Conference, 2014

NO CLE - Judges’ Roundtable: Selected Current Topics

A moderated roundtable featuring the judges of the Southern and Eastern Districts of New York

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NO CLE - The Great Venue Debate

Discussion and debate about the venue statute (28 U.S.C. § 1408) and whether it should be modified; special issues involving venue for chapter 15 (including for Chinese companies); impact of venue controversies on UCC selection, first-day orders, and other early issues and decisions; could claims arise from improper venue selection?

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NO CLE - Nonprofit Bankruptcies

Primary focus on voluntary hospitals (including health care issues); secondary focus on NYC Opera, CCRCs, schools, etc.; duties and liabilities of directors; avoidance issues; impact of philanthropic base; avoidance, solvency and deepening insolvency issues; possible focus on benefit corporations, low-profit limited liability companies (LC3s)

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NO CLE - Rise of Mediation in Major Bankruptcy Cases

Use of judges as mediators; when is the right time to mediate?; when will discovery or a ruling on a key issue facilitate mediation?; who should attend?; what information should be exchanged and what should be confidential to the mediator?; possible case study of ResCap mediation or other example

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NO CLE - Pension Issues in Bankruptcy

Extension of controlled group liability to fund investors (Sun Capital), foreign affiliates; U.K. pension claims asserted against U.S. debtors (Nortel, Reader’s Digest); allocation of liability among controlled groups; pre-petition vs. post-petition benefits and claim accrual (including withdrawal liability); standards for termination; multi-employer plan withdrawal liability/“last man standing”; Kodak

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NO CLE - Municipal Bankruptcies, Insolvencies and Restructurings

Challenges posed by lack of precedent on cramdown, good faith, etc.; recent developments/precedents arising out of Vallejo, Stockton, Central Falls, Jefferson County, etc.; labor, pension and OPEB issues (who owns pension plans and assets?); general obligations vs. dedicated revenues vs.

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NO CLE - Bankruptcy Litigation Panel

Latest post-petition interest litigation, make-whole payments (School Specialty, AMR), OID, etc. (ResCap, KV Pharma); enforceability of intercreditor agreements; class-action certification in bankruptcy (Rodriguez); settlement payments (Quebecor); post-Stern consent to jurisdiction cases (Sixth, Seventh and Ninth Circuits); § 502(d) disallowance under KB Toys; fraudulent transfer update (Tribune, Sentinel)

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NO CLE - “Market Value” Tests in Valuation

What is the difference between “market value” and “intrinsic value”?; what is market value, and how is it discerned?; how reliable are various indicia or tests of market value, including: (1) public (or private) bankruptcy trading prices of the debt or equity securities of a debtor, (2) outcome of the bankruptcy sale process and (3) credit-bidding, and when can “market tests” be wrong?; have bankruptcy courts allowed lay perceptions of discernible market value to replace expert testimony and other proofs relevant to § 506 determinations or cramdowns?; how can rights offerings be used and asses

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NO CLE - GSC Group Case Study and Other Bankruptcy Ethics Matters

Review of GSC case (bankruptcy court decision pending); what are the lessons of GSC for practitioners regarding disclosure, fee sharing, disinterestedness and conflicts, etc?; review of disinterestedness standards under § 101(14) and related disclosure requirements; additional ethics topic might include conflicts waivers (when is it necessary to obtain a waiver? Distinctions may be drawn based on current vs. recent vs. former clients, directly adverse vs. positionally adverse, relatedness to a prior matter, use of confidential information); Brown Publishing

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NO CLE - Multi-Debtor Cases

Each affiliated debtor and its creditors have potentially conflicting interests in maximizing assets and minimizing claims, so how are these interests reconciled in multi-debtor cases?; can one board make decisions for all debtors?; when is an independent board or CRO needed to represent the interests of a particular business unit, and why don’t we see that more often?; how should one arrange intercompany DIP financing?; how should one ensure that all constituencies are represented and that key stakeholders are at the table?; should there be multiple creditors’ committees?; use of examiners an

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