Creditors' Committee

This panel will cover recent developments in liability-management transactions, a.k.a. creditor-on-creditor violence. The panelists will discuss the mechanics of uptier, drop-down and double-dip transactions, approaching each type of deal from the viewpoints of various parties in interest.

This panel will discuss different tactics creditors use to pursue the collection of debt, how debtors can defend against collection efforts and pursue claims when a creditor has gone too far, how creditors can minimize their exposure to such claims, and the potential impacts of pre-petition proceedings on creditors and debtors when a debtor files a bankruptcy petition.

This session will discuss the broader policy debate on the usefulness, functionality and policy issues of examiners and trustees in chapter 11.

➤ Bankruptcy examiners drive up the cost of the bankruptcy process and generally do not deliver benefits that justify their expense and distraction.
➤ Bankruptcy examiners play an important role in ensuring the integrity of the bankruptcy process and should be appointed more regularly.

This session will discuss strategies that various creditors (e.g., committees, secured, priority and unsecured) can employ to counter, if not defeat, certain types of first-day relief, DIPs and other case-determinative actions that set the table for the chapter 11 case or, as some may describe it, result in the first-day fix. The panelists will touch upon substantive and procedural responses, objections, accommodations and extractions.