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Recent cases have evidenced one form of jurisdictional migration and two forms of venue migration. As to the jurisdictional migration, international companies with virtually no U.S. connection seek to, and generally succeed at, establishing a sufficient U.S. presence to file a Chapter 11 in the United States because, if there are reorganization proceedings in the countries that are their COMIs, they are perceived as inadequate (Marco Polo, Omega, GenMar). What has worked for non-U.S. companies seeking to invoke U.S. Bankruptcy Court jurisdiction, and what is the legal authority?

Unlike most 363 sale programs, this program will not involve the aspects of the sale that are the focus of court proceedings, but will take an in-depth look at the transaction documents that get the deal done. The primary document discussed with be the APA-what does that document need to accomplish, what provisions should be included, how do APAs used in 363 sales differ from other APAs, what to do about reps and warranties and why and, what are the points of negotiation?

This single plenary session will feature a policy-oriented panel discussing the reasons for municipal insolvency nationally, with a particular focus on the New England Region. The panel of highly-experienced government officials, municipal receivers and thought leaders will review and debate the challenges faced by state and local leaders in their efforts to address the financial stress facing many of our cities and towns.

The transformation rule/negative equity, deficiency claims upon surrender of collateral, the applicable commitment period, contract interest, § 1322(b)(1) as it involves fixtures and personal property, and assignments of rent, § 1322(b)(2) as it involves the timing of the analysis.