Plan Confirmation

This panel will explore four challenging chapter 11 plan confirmation issues and potential ways to resolve them: (1) the appropriate cramdown interest rate; (2) the absolute priority rule; (3) plan exculpations and releases; and (4) creative ways to treat recalcitrant creditors (including unimpairment, reinstatement, contract assumption and other means).

This panel will discuss the process of developing and implementing post-confirmation trusts, including the transfer of litigation claims to a trust, claimant direct claims vs. company claims, trustee with discretion vs. board with veto power, voting by beneficiaries, reporting, distribution issues, funding, post-confirmation jurisdiction and involvement of the bankruptcy court, trustee liability, quasi-judicial immunity and indemnification, and interim and final distributions and tax considerations.

How well do you understand your confirmation order? This panel will break down some examples of issues that create frustration for bankruptcy judges through inconsistent or vague language, misinterpretation or fundamental flaws. Panelists will navigate typical confirmation documents through drafting to final order.

This panel will address various plan-confirmation issues, including third-party releases, equitable mootness, post-confirmation trusts, and the impact of cases such as Sunnyslope and Millennium Labs.

Hosted by the Unsecured Trade Creditors Committee

The speakers for this webinar will discuss creative plan provisions, confirmation issues, and other tactics used to ‘stack the deck’. In addition, the panel will discuss gerrymandering, vote incentivization schemes, drop dead provisions and golden shares, and whether or not these schemes constitute creative lawyer or a contortion of the Code.