Submitted by mlukban@gmail.com on Wed, 2013-07-24 09:45
Was the deal ill-conceived? Was the borrower undercapitalized/overleveraged? Was it the victim of intervening circumstances and unforeseeable events? In today’s covenant-light world, more financial players and operating companies’ owners are availing themselves of relatively accessible credit facilities to cash in on the perceived value of entities with attractive balance sheets. But what happens if the company later fails and ends up in bankruptcy? Are redeeming shareholders really supposed to be the guarantors of the deal’s success?
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Submitted by mlukban@gmail.com on Tue, 2013-07-23 14:36
Individual chapter 11 cases pose a number of thorny legal and practical problems for the bankruptcy practitioner. While individual chapter 11 cases contain many elements of corporate chapter 11 and chapter 13 cases, they do not fit comfortably in either chapter. Following the enactment of BAPCPA, courts have struggled to strike the appropriate balance between the provisions of the Bankruptcy Code intended for corporations and those intended for human beings. The result is substantial uncertainty for debtors and creditors alike.
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Submitted by mlukban@gmail.com on Wed, 2013-07-10 16:22
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Submitted by mlukban@gmail.com on Wed, 2013-07-10 11:22
The absolute priority rule: trials and tribulations of new value. Cram down issues with 1111(b)(2) and Pacific Lumber. Practical considerations when litigating non-debtor releases.
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Submitted by mlukban@gmail.com on Fri, 2013-06-14 13:31
Discussion of trends and forecasts in energy industry; introduction to the fundamentals of oil and gas investing and relevant legal/business issues
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Submitted by mlukban@gmail.com on Fri, 2013-06-14 12:58
Selection of CRO and establishment of a scope and chain of command; role of CRO and other officers in intercompany disputes in multi-debtor cases; negotiating pre- and post-confirmation equity/incentives for officers and directors; selecting a post-confirmation board of directors; issues and actions constituting “cause” for appointment of trustee or examiner motion; appointment and role of examiner in recent cases (Rescap, Dewey, Dynegy)
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Submitted by mlukban@gmail.com on Fri, 2013-06-14 12:25
How to manage the public side of a chapter 11 case, dealing with customers, vendors, employees, union members, press, shareholders, etc.; use of websites and public relations firms; FAQs; comfort orders and confidentiality restrictions
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Submitted by mlukban@gmail.com on Fri, 2013-06-14 11:42
Managing law firm failure pre-bankruptcy; partner clawback claims and settlements; fair value and other partner defenses; unfinished-business doctrine (Jewel v. Boxer); partner duties to clients, including treatment of client files; WARN Act issues
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Submitted by mlukban@gmail.com on Fri, 2013-06-14 11:15
Managing law firm failure pre-bankruptcy; partner clawback claims and settlements; fair value and other partner defenses; unfinished-business doctrine (Jewel v. Boxer); partner duties to clients, including treatment of client files; WARN Act issues
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Submitted by mlukban@gmail.com on Fri, 2013-06-07 16:04
The Power to Veto Bankruptcy Sales: Sports Leagues and Other Franchisors
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