Plan Confirmation

This panel will discuss recent confirmation issues, including whether a plan that offers new value from an insider can be confirmed without an auction process (In re Castleton Plaza, LP); the effect of third-party guarantees (In re Loop 76); whether claims-purchasers must have “good cause” to change a plan vote (In re J.C. Householders Land Trust #1); and treatment of non-recourse claims under § 1111(b) (In re B.R. Brookfield Commons No. 1 LLC).

The chapter 11 plan has been confirmed, and consummation is on the horizon. But unforeseen circumstances have put the plan in peril or, worse yet, have caused the plan to fail. This panel will discuss the issues that arise when a plan fails post-confirmation. What alternatives exist? What provisions should be included in a plan to anticipate and guard against failure? Where can the parties go for court assistance?

Find out the latest happenings in all of the Southern Districts. What can impact your practice? What should?

The workshop features Chief Bankruptcy Judges Dennis R. Dow (W.D. Mo.), C. Ray Mullins (N.D. Ga.), Brendan Linehan Shannon (D. Del.), Cecilia G. Morris (S.D.N.Y), and Barbara J. Houser (N.D. Tex.), who will discuss recent circuit splits and hot topics, including the application of the absolute priority rule in individual chapter 11 cases, artificial impairment, structured dismissals, intellectual property licenses, equitable disallowance and § 502(d) issues, and more.

The workshop features Chief Bankruptcy Judges Dennis R. Dow (W.D. Mo.), C. Ray Mullins (N.D. Ga.), Brendan Linehan Shannon (D. Del.), Cecilia G. Morris (S.D.N.Y), and Barbara J. Houser (N.D. Tex.), who will discuss recent circuit splits and hot topics, including the application of the absolute priority rule in individual chapter 11 cases, artificial impairment, structured dismissals, intellectual property licenses, equitable disallowance and § 502(d) issues, and more.