Business Reorganization

This panel will discuss the various standing doctrines that apply in federal and bankruptcy courts, including constitutional (Article III) standing, prudential standing, statutory standing (“party-in-interest” status) and derivative standing, and will cover issues that arise both in chapter 11 cases and the consumer arena.

This panel will compare and contrast liquidations and wind-downs under chapter 11, federal and state receiverships, ABCs, and judicial dissolutions. The panelists also will take a look at tools that are available and the risks attendant to each. Which companies are more appropriate for which type of liquidation option: cannabis and related company insolvencies, or higher education institutions?

This panel will discuss the impact of the Consolidated Appropriations Act of 2021 on bankruptcy cases, the latest automatic stay cases, employment of professionals and fee applications, and § 363 sales in the Zoom era.

This panel will discuss the disposition of restructured equity, including § 1145 and other limitations and exemptions; selecting and managing post-restructured boards, and how to assemble a new board with a view toward maximizing value; issues attendant to the recruitment of pertinent and qualified directors; departures from rent-a-director; use of independent directors on a new board; granting of observer rights; perspectives of being a member of a well-run post-restructured board; shareholder voting and control considerations, including minority rights; incentivizing management through MIPs,

Back by popular demand! This panel is in the format of the classic current-events TV program “Crossfire” and will address “hot” and “interesting” bankruptcy issues that are not being addressed in the other sessions. Each topic discussed will have parties taking opposing positions (pro/con).