Pennsylvania

Fee applications, preferences and clawbacks, oh my! Getting paid before and after bankruptcy has its pitfalls. This session will help you navigate potential problems to ensure you get paid while staying on the right side of the Ethics Board.

Valuation disputes are a critical tool for junior creditors in chapter 11 cases, but their effectiveness depends on strategic timing and approach. This panel will examine key moments where valuation issues arise, including DIP/priming fights, adequate protection and financings with equity rights. Topics will include timing considerations such as access to valuation data, the impact of ongoing sale processes, and cost-benefit analyses.

Despite the potential need to reassess liability management exercise (LME) structuring following the Fifth Circuit’s Serta decision, LMEs will continue to proliferate. Questions remain, though: Should we view LMEs as nothing more than free options for sponsors and a rearranging of deck chairs on a sinking ship? Or can they be a force for good, leading to improved enterprise value and corresponding improved returns to all creditors? If so, how can companies maximize the chances of their LME doing so? This panel will address these questions and more.

Valuation often hinges on critical company-specific statistical and methodological decisions, raising questions about their necessity or potential for manipulation. This session will examine such topics as mean vs. median, discounts for lack of marketability, premiums for control, and size premiums and company-specific premiums, and will offer insights into how these decisions shape valuation outcomes.

Hosted by ABI's International Committee

The first in a series of webinars focusing on insolvency topics across geographies, this session delves into issues and strategies affecting asset recovery. Hear from professionals active in countries across Latin America who will explain what legal, financial and logistical challenges they face in recovering assets, both domestically and across borders, and the tips and tools they use to overcome obstacles.