Colorado

The strategy of providing funding to troubled companies or purchasing existing secured debt at a discount in order to obtain ownership (so-called “loans-to-own”) continues to inspire controversy and litigation even as its use by debt financiers and other investors has become more commonplace. This panel will explore the practical considerations, business risks and legal issues associated with loans-to-own, both inside and outside of bankruptcy.

Poker players look for tells. Polygraphs measure physiological indicators. Movies suggest that there is some magic to looking somebody in the eye. In court, though, judges and lawyers are left to their own devices to determine whether a witness is lying. A clinical psychologist and a former attorney general of the Commonwealth of Massachusetts will join experienced trial lawyers and judges to discuss lying and the limits of detecting lying, including verbal and nonverbal cues that aid in assessing the credibility of statements.

Do some provisions of the Bankruptcy Code seem so out of date and maddening that you want to call your congressional representatives? Our panel of “sharks” will evaluate pitches for legislation to remedy nagging issues in the Code, including implementing restrictions on the appointment of creditors’ committees in chapter 11 cases, tax exemptions for asset sales under § 363, increasing statutory compensation for trustees, the creation of bankruptcy appellate panels in every circuit, and the elimination of debt limits for chapter 13. Come see whether any ideas make the cut!

This panel will survey how districts around the region are addressing the implementation of the National Form Plan and/or the adoption of an Opt-Out Plan, and will discuss procedures for approving the opt-out plan, new rules, potential challenges and software issues.

This panel will feature a wide-ranging discussion of bankruptcy and other issues affecting the transportation and shipping industries, as well as the current and future financial stresses in the industries. Lessons from the Hanjin Shipping case will also be discussed.