Asset Sales

NO CLE - How Much Momentum Will Momentive Create? Judicial Interpretation and Enforcement of Intercreditor Agreements

Submitted by mlukban on Thu, 2015-08-27 12:52

The more things change with intercreditor agreements, the more they stay the same — or so it seems. The interpretation and enforcement of intercreditor agreements continues to take center stage in many cases (high-profile and otherwise), and each decision seems to equally shed more light and raise more questions about intercreditor agreements in the bankruptcy context.

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NO CLE - Intellectual Property and Trademarks in Bankruptcy

Submitted by mlukban on Thu, 2015-08-27 11:51

No bankruptcy lawyer can represent a high-tech debtor or a business that licenses consumer brands without understanding the interplay of intellectual property law and the Bankruptcy Code. For reorganizations with intellectual property issues, choice of venue is a critical early decision that can determine the outcome of a case. This program will review the circuit-level split over the Catapult doctrine and discuss contractual and litigation solutions for the reorganization of debtor businesses that are dependent on critical patent inbound licenses.

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NO CLE - Is It or Is It Not Property of the Estate? § 541 Conundrums

Submitted by mlukban on Mon, 2015-06-22 17:29

Just what is and is not property of the estate? This panel will present a thorough review of § 541 and its application in real-world situations.

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NO CLE - Asset Protection (High Level Strategies & Problems)

Submitted by mlukban on Mon, 2015-06-22 17:04

This program analyzes the practical aspects of asset protection planning (i.e., what works and what does not). The program discusses practical goals and limitations of asset protection, including exposure points related to avoidance actions under the Uniform Fraudulent Transfer Act and Bankruptcy Code. The program will discuss various structures utilized, as well as the practical implications of such planning.

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NO CLE - Loan-to-Own and Other § 363 Bidding and Acquisition Strategies; ABI Commission Final Report

Submitted by mlukban on Mon, 2015-06-22 16:28

Does a secure creditor engage in inequitable conduct if it acquires debt, or makes a loan with the intent to acquire the debtor rather than collect on the loan? This panel will discuss “Loan-to-Own” and other common and singular Section 363 bidding and acquisition strategies, including the pitfalls and advances of each.

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NO CLE - General Motors, Redux

Submitted by mlukban on Mon, 2015-06-15 12:05

Constitutional and bankruptcy law issues raised by post-bankruptcy claims asserted by tort claimants, including finality of § 363 sale orders and due process.

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NO CLE - Reconsidering Safe Harbors For Repurchase Agreements

Submitted by mlukban on Thu, 2015-05-07 22:23

Recent decades have seen substantial expansion in exemptions from the Bankruptcy Code’s provisions with respect to repurchase agreements, or “repos.” These agreements, which are equivalent to very-short-term (often one-day) secured loans, are exempt from such core bankruptcy provisions as the automatic stay, the avoidability of fraudulent transfers and the avoidability of preferences.

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NO CLE - New End Game: Current Resolutions of Chapter 11 Cases

Submitted by mlukban on Wed, 2015-04-15 10:46

This panel will explore how chapter 11 cases are currently being resolved, as many have not been going through a restructuring or reorganization. Structured dismissals, chapter 7 conversions, sale processes, liquidating trusts and other resolutions will be discussed.

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NO CLE - Committee Educ. Session: Asset Sales/Real Estate

Submitted by mlukban on Mon, 2015-04-13 13:01

Don’t Restrict My Sale: The Enforceability of Restrictive Covenants and Easements in Assets Sales in Bankruptcy

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NO CLE - “We Can Go ‘Round and ‘Round About That”

Submitted by mlukban on Wed, 2015-03-18 11:17

Judges’ rapid-fire roundtables on today’s provocative issues, with judges changing tables every 20 minutes

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