2016, 2016 Northeast Bankruptcy Conference

NO CLE - Appealing Propositions: Everything You Need to Know About Bankruptcy Appeals

Free Session

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NO CLE - Mountainside Chat: The Ethics of Getting Hired

This year’s mountainside chat will address recent developments in the requirements for employment of disinterestedness, disclosure and disqualification. It will focus on two recent decisions relating to the extent to which a lack of disinterestedness or the presence of an ethical conflict of one firm member is, or is not, imputed on others within the same firm, and whether there is a difference between the two.

Free Session

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NO CLE - International Aspects of U.S. Bankruptcy Cases: Is a U.S. Bankruptcy Court the Proverbial Roaring Deaf Lion in the International Forest?

This panel will explore the breadth and limitations of U.S. Bankruptcy Code and U.S. bankruptcy court reach in the international community. There will be no discussion of chapter 15; rather, the panel will cover such issues as whether it is possible for a debtor to create jurisdiction in the U.S., and if so, whether it can and should maintain that jurisdiction. The panel will use recent cases in the maritime industry, such as Excel Maritime, General Maritime and TMT Procurement, as well as in the hospitality industry, such as Baha Mar and Scrub Island, to explore the reach of U.S.

Free Session

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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.

Free Session

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NO CLE - Claims Litigation in Bankruptcy

This session will cover a variety of topics related to litigating claims in bankruptcy. It will explore both strategic considerations behind and the mechanics of asserting and contesting claims.

Free Session

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NO CLE - Current Issues in Oil and Gas Bankruptcies

Oil, gas and energy are the hottest areas in bankruptcy right now. As this is an industry that suffers from volatile market conditions, with its earnings linked to ever-depleting reserves, companies involved in or dependent on the exploration, development and production of oil and gas present unique issues for the bankruptcy practitioner. This panel will include the viewpoints of legal professionals from both the debtor and the creditor sides, an economist focused on the oil and gas sector, and a trust administrator with a large energy portfolio under management.

Free Session

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NO CLE - Emerging Professionals Panel: Show Me the Money — Understanding, Structuring and Getting Approval for Debtor-in- Possession Financing

This panel explores DIP issues in a chapter 11 case and is intended to provide both fundamental information and an overview of emerging issues, including: What is the primary analysis that needs to be undertaken? How do you assess a 13-week cash flow? Who are your potential lenders, and what are the potential terms? What are the pitfalls and areas of concern for other parties in interest, the U.S. Trustee and the court?

Free Session

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NO CLE - Small Commercial Chapter 11 Panel: A Decent Burial — Winding Up the Small Business Debtor

In the Massachusetts economy of the 21st century, insolvency professionals are increasingly called upon after it is too late to save a small business. Thus, our practice is increasingly liquidation-focused, requiring the professional to seek to engage in a process that both tightly controls cost and maximizes value.

Free Session

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NO CLE - Financial Advisory Panel: Curing the Cause and Not Just Treating the Symptoms — How to Fix the Business Issues and Not Just Adjust the Balance Sheet

The Bankruptcy Code offers a variety of means for addressing balance-sheet issues. Its provisions for dealing with the operational issues that caused those balance-sheet problems are more limited, however.

Free Session

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NO CLE - “Sub Rosa Plans”: Their Impact in, and Provision of a Potential Alternate Exit Strategy from, Chapter 11

This program will explore the boundaries of the sub rosa plan doctrine in a variety of contexts potentially arising in chapter 11 cases. The focus will be on efforts to resolve the relationship of the debtor to all or many of its creditor constituencies and equity-holders that arguably deviate from the priority and procedural schemes of the Bankruptcy Code.

Free Session

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