Video

Today’s bankruptcy cases are almost all done in record time. Join our
nationally recognized experts as they discuss a range of best strategies for
both debtors and creditors to expedite both in- and out-of-court business
reorganizations. This panel will discuss out-of-court remedies, prepacks and
other procedures to increase efficiency in reorganizing struggling businesses.

Resolved: A “workaround” contract provision
is enforceable after Baker Botts v. ASARCO.

Resolved: If a mortgage includes a security
interest in a mortgage escrow account, the
mortgage loan can be modified under § 1322.

Resolved: Section 1129(a) requires an
impaired accepting class for each debtor.

CO-HOSTED BY ABI AND THE THE NATIONAL ASSOCIATION OF FEDERAL EQUITY RECEIVERS
Ponzi scheme cases almost always have a hard landing in either a bankruptcy or receivership proceeding. Depending on which administrative filter is imposed on a Ponzi scheme case, the rights of the fiduciary administering the case as well as the rights of creditors and investors can vary significantly.

This panel will address a variety of current issues including “disinterestedness” and “the 1% Rule,” attempted workarounds in the aftermath of Baker Botts v. ASARCO LLC and other ethical challenges, along with guidance under various applicable Rules of Professional Conduct, such as rules regarding fees (RPC 1.5), confidentiality (RPC 1.6), conflicts of interest (RPC 1.7) and candor with the court (RPC 3.3).

Great Debates
Paul M. Nussbaum, Moderator
Whiteford Taylor Preston, LLP; Baltimore
Resolved: A structured dismissal that violates the absolute priority rule should never be permitted.
Pro: Craig Goldblatt
WilmerHale; Washington, D.C.
Con: Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Resolved: Asset sales under § 363 should lawfully be free and clear of successor-liability claims.
Pro: Hon. Robert E. Gerber (ret.)
U.S. Bankruptcy Court (S.D.N.Y.); New York
Con: William P. Weintraub
Goodwin Procter LLP; New York