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Bankruptcy Litigation Panel

Latest post-petition interest litigation, make-whole payments (School Specialty, AMR), OID, etc. (ResCap, KV Pharma); enforceability of intercreditor agreements; class-action certification in bankruptcy (Rodriguez); settlement payments (Quebecor); post-Stern consent to jurisdiction cases (Sixth, Seventh and Ninth Circuits); § 502(d) disallowance under KB Toys; fraudulent transfer update (Tribune, Sentinel)
1 hour 12 minutes 17 seconds

“Market Value” Tests in Valuation

What is the difference between “market value” and “intrinsic value”?; what is market value, and how is it discerned?; how reliable are various indicia or tests of market value, including: (1) public (or private) bankruptcy trading prices of the debt or equity securities of a debtor, (2) outcome of the bankruptcy sale process and (3) credit-bidding, and when can “market tests” be wrong?; have bankruptcy courts allowed lay perceptions of discernible market value to replace expert testimony and other proofs relevant to § 506 determinations or cramdowns?; how can rights offerings be used and assessed as an indication of value?
1 hour 14 minutes 15 seconds

GSC Group Case Study and Other Bankruptcy Ethics Matters

Review of GSC case (bankruptcy court decision pending); what are the lessons of GSC for practitioners regarding disclosure, fee sharing, disinterestedness and conflicts, etc?; review of disinterestedness standards under § 101(14) and related disclosure requirements; additional ethics topic might include conflicts waivers (when is it necessary to obtain a waiver? Distinctions may be drawn based on current vs. recent vs. former clients, directly adverse vs. positionally adverse, relatedness to a prior matter, use of confidential information); Brown Publishing
1 hour 8 minutes 3 seconds

Multi-Debtor Cases

Each affiliated debtor and its creditors have potentially conflicting interests in maximizing assets and minimizing claims, so how are these interests reconciled in multi-debtor cases?; can one board make decisions for all debtors?; when is an independent board or CRO needed to represent the interests of a particular business unit, and why don’t we see that more often?; how should one arrange intercompany DIP financing?; how should one ensure that all constituencies are represented and that key stakeholders are at the table?; should there be multiple creditors’ committees?; use of examiners and other third parties; increased use of motions seeking to disqualify counsel, mediators, etc.
1 hour 17 minutes 8 seconds

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e-Learning Topics

e-learning-topics

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.

Certification

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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