Business

This panel will present a fraudulent transfer update and discussion regarding the split
over § 546(e) safe harbors (Physiotherapy, Tribune, Madoff, Meritt Management),
10-year reach-back periods (Kipnis), the reinstatement of unsecured creditors’
intentional fraudulent conveyance claims and the ruling that the intent of the CEO
can be imputed to the company (Lyondell), the finding that substantive consolidation
does not augment the trustee’s § 544(b) avoiding powers by allowing the trustee to

This panel will focus on issues that can arise during an LLC bankruptcy, such as
what happens when parties contract out of fiduciary duties and the effect that
bankruptcy has on key provisions in an LLC operating agreement, including
management and ownership rights and remedies, as well as what happens when a
bankruptcy proceeding is initiated against the LLC or one or more of its members.
The panel will also discuss Intervention Energy and Lake Michigan, in which the
bankruptcy courts refused to enforce LLC agreement provisions requiring the

This panel will focus on the uses and limits of Bankruptcy Rule 2004 discovery, including e-discovery pointers, the impact of the latest amendments, jurisdictional and scope (“fishing expedition”) limits on discovery, keeping results confidential, using Rule 2004 examination transcripts in later proceedings, and various “nuts and bolts” practice points. The discussion will be based on a fact pattern presenting these various issues.

This panel will discuss threshold considerations, risks and benefits of, and in-court and
out-of-court strategies for entering into, an RSA from the perspectives of the debtor and the
fulcrum creditor, as well as other key constituents. We will also survey outcomes in recent
cases that were commenced with RSAs in place.

Hosted by the Legislation and Bankruptcy Taxation Committees.

This session will address various tax implications that need to be
considered by bankruptcy practitioners in connection with § 363 sales,
including cancellation of indebtedness income, net operating losses and
tax-free/deferred “G Reorganization” transactions. The panel will also
discuss a timetable of decision points as to when tax-related issues need to be considered
by practitioners in order to avoid unanticipated adverse
tax consequences