Video

Hosted by ABI's Asset Sales Committee

To kick off the nomination period for the ABI Asset Sales Committee’s 2022 Asset Sale of the Year Award, the recipients of last year’s award will discuss the sale of Lighthouse Resources’ real property assets in Wyoming. Hear how the Lighthouse management team and professionals structured the sale process to navigate a number of obstacles to sell the real property necessary to confirm a chapter 11 plan that provided for the reclamation of coal mines, as well as recoveries for secured and unsecured creditors.

Third-party releases remain a hot topic in bankruptcy proceedings. Learn what the laws in various circuits have to say about permissible third-party releases, whether bankruptcy courts are deemed to have subject-matter jurisdiction and statutory authority to approve third-party releases as part of confirmation orders approving plans of reorganization, and what standards are imposed by circuit courts to determine whether a third-party release should be approved.

This panel will address issues related to corporate governance in distressed situations and considerations regarding independent directors.

This panel will discuss case law related to subchapter V and § 523 nondischargeability, and how to navigate uncertainties in such cases.

On direct appeal, the Third Circuit on Jan. 30 reversed the bankruptcy court and directed the dismissal of the petition that had been filed by LTL Management LLC, the subsidiary of Johnson & Johnson created to file in chapter 11 to deal with talc and asbestos claims arising from the sale of Johnson’s Baby Powder. Although Circuit Judge Thomas Ambro pointedly declined to rule on whether LTL improperly used chapter 11 as a “litigation tactic,” what are the legal steps J&J can take to settle roughly 40,000 cancer lawsuits concerning its talc-based products?