Business

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

What are the consequences of using § 9019 settlements as a means of resolving primary intercreditor disputes?; does application of settlement approval standards effectively alter § 1129 standards?; do settlements become sub rosa plans?; is the door open for “involuntary settlements” based on a debtor’s assessment of litigation probabilities?; other related issues might include “gifting” through § 9019 in the Third Circuit vs.

Past Presidents’ Debate:

Michael P.
Richman Hunton & Williams LLP; New York
Deborah D. Williamson
Cox Smith Matthews Incorporated; San Antonio

Resolved: Secured creditors should be required to fund the payment of all administrative claims and make a distribution to general unsecured creditors as a condition of cleansing substantially all of the debtors’ assets through a § 363 sale process.

Judicial Debate:

Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Frank J. Santoro
U.S. Bankruptcy Court (E.D. Va.); Norfolk

A panel of younger lawyers/financial professionals will talk about the issues and challenges of working for senior lawyers and suggest ways to improve the working relationship between senior and junior lawyers.

A panel of participants in ABI’s Civility Task Force will discuss the work of the task force in an interactive program designed to further the conversation about civility in our profession.