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This panel will cover procedural and evidentiary issues that can arise in the context of adversary proceedings and contested matters related to expert witnesses and expert reports, witness examination, and the introduction of electronic content into evidence.
Plan Conversions of Debt to Equity: The Means, the Math, the Risks and the Upsides
The next evolution of insolvency practice is upon us. The morphing of what started as a restructuring practice into a § 363 sale practice is old news, while the more recent introduction of nontraditional, sophisticated financial investors into the process has brought about another evolution: the debt-to-equity conversion. Why settle for prime and three when you can use Bankruptcy Code provisions like the absolute priority rule and the securities law exemption to come out post-effective date with a freely tradable equity instrument that will enable the holder to share in all of the upside of the reorganized enterprise? This panel will explore the mechanics of a debt-to-equity conversion in the context of a chapter 11 plan in the legal context, then will explain the valuation metrics and allocation calculations that underlie the dynamics as to who gets to participate and the amount of equity offered to the various case constituencies. The discussion will also cover the tools used to spur creditor acceptance of the conversion and uses of the paradigm as a means of raising new capital for the restructured debt, such as backstop agreements and rights offerings.
Loans-to-Own: How Do You Do It? Should You Do It?
The strategy of providing funding to troubled companies or purchasing existing secured debt at a discount in order to obtain ownership (so-called “loans-to-own”) continues to inspire controversy and litigation even as its use by debt financiers and other investors has become more commonplace. This panel will explore the practical considerations, business risks and legal issues associated with loans-to-own, both inside and outside of bankruptcy. Discussion on transactions outside of bankruptcy will include the scope of due diligence, intercreditor issues, insider participation, “bankruptcy-proofing,” and the risks and benefits of a “friendly foreclosure.” Discussion on transactions inside of bankruptcy will include using DIP financing to achieve ownership, potential limits on credit bidding, the impact of including or excluding insiders from the post-closing company, and risks presented by remedies such as equitable subordination and involuntary debt recharacterization.
Sealing the Deal: Negotiating, Documenting and Consummating Settlements in Bankruptcy
This interactive nuts-and-bolts panel will discuss three phases of settlements in the context of a bankruptcy case: (1) negotiating a settlement, including evaluating the benefits of settlement versus litigation risk and expense, negotiating tactics and strategies, and the role of the mediator; (2) drafting term sheets and settlement agreements, an overview of the law on the enforceability of term sheets and settlement agreements (both pre- and post-court approval), and the components of the settlement agreement; and (3) consummating the settlement, with an emphasis on Federal Rule of Bankruptcy Procedure 9019 standards, the necessary components of a motion to approve compromise, presentation to the bankruptcy court, the bankruptcy court’s role in evaluating the settlement and the court’s order approving the settlement, the nonbankruptcy aspects of a settlement, and post-settlement actions.
Detecting Lies: Strategies for Exposing a Deceitful Witness
Poker players look for tells. Polygraphs measure physiological indicators. Movies suggest that there is some magic to looking somebody in the eye. In court, though, judges and lawyers are left to their own devices to determine whether a witness is lying. A clinical psychologist and a former attorney general of the Commonwealth of Massachusetts will join experienced trial lawyers and judges to discuss lying and the limits of detecting lying, including verbal and nonverbal cues that aid in assessing the credibility of statements.
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Getting Board Certified: Preparing for the ABC Exam
Achieving American Board Certification(ABC) means you have met the rigorous, objection standards of a top professional in the areas of bankruptcy and/or creditors rights
The ABC Exam is the essential step in the process, and this 5-part on demand corse will prepare you to pass the test. Whem you click on the "Register" button, you will see an intro video that explains the benefits of the ABI Certification, the steps in the process and what to expect in th exam. No CLE credit is offered for this course.
The course is $295 for ABI members, $545 for non-members. THe non-members $545 fee also includes 1 year of ABI Membership ($425 value)
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