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Breaking the Log Jam: The Trend Toward Pre-Plan Mediation of Case-Dispositive Disputes in Chapter 11

Mediating disputes is not new to bankruptcy litigation, but recent years have seen a trend toward pre-plan mediation of key issues in chapter 11 cases that pave the way for asset sales, plan confirmation and an efficient emergence from bankruptcy. Some examples of this include “bet the farm” litigation necessary to fund plan distributions, lien challenges/avoidance claims, claim objections, plan treatment, sale objections, third-party releases and insider claims, and structured dismissals. This panel discusses the role of UCCs, confidentiality of mediation discussions (especially important on case-dispositive issues if the matter is not resolved), impact of the changing composition of senior lenders from institutions to private-equity and hedge funds, and judicial acceptance and/or encouragement of mediation of key disputes, including the authority to order mediation.
1 hour 2 minutes 46 seconds

Are Hedge Funds and Private-Equity Firms Different than Other Case Parties?

This panel, comprised of investment bankers, lawyers and principals of hedge funds, explores whether, when and how the goals and strategies of hedge funds and private-equity funds in chapter 11 cases differ from those of other creditors, including banks, insurance companies, trade creditors, unions and governmental agencies.
55 minutes 13 seconds

Not so Free, Not so Clear: An Ethical Walk Through Asset Sales

This panel uses hypotheticals to discuss the ethical problems facing counsel and their clients in § 363 sales including collusion, abuses during due diligence, and successor liability.
58 minutes 38 seconds

The Ramifications of Covenant-Lite Structures

Borrowers have been using relaxed credit agreement and bond covenants to “strip” assets from the collateral/asset pools that lenders think secure them. Neiman Marcus, J.Crew, PetSmart and BC Partners are recent examples. By focusing on these examples, this panel will discuss the covenant-lite structure of today, what the documents really say, who benefits and who gets hurt, and who influences the structure and outcome.
55 minutes 24 seconds

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Administrative Expense Claims

Reviews processes and requirements for post-petition claims that get priority payment, including professional fees, utilities, and goods received within 20 days of filing.

Alternative Dispute Resolution

Examines mediation, arbitration, and other non-litigation approaches to resolve bankruptcy disputes efficiently and cost-effectively.

Asset Sales

Analyzes issues practitioners may face when completing asset sales in and out of bankruptcy, and best practices for successful outcomes.

Automatic Stay

Explores scope and application of automatic stay protection, including exceptions, violations, and procedures for obtaining stay relief.

Claims

Discusses the evaluation, trading, and resolution of bankruptcy claims. Covers creditor rights and their impact on restructuring.

Bankruptcy Litigation

Studies recent case law and rules of practice, evidence and procedure, connecting professionals engaged in bankruptcy-related litigation.

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Covers professional certification requirements and processes for bankruptcy practitioners, including specialized credentials and continuing education.

Corporate Governance

Analyzes fiduciary duties, management responsibilities, and board oversight during bankruptcy proceedings and restructuring.

Court Administration

Reviews court procedures, filing requirements, and administrative processes in bankruptcy cases.

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