Business

This panel will focus on the selection and roles of receivers and examiners, addressing various authorities for the hiring of receivers and examiners and the differences between state and federal law. The panelists will also describe the role of such professionals and provide examples, such as how to deal with governmental entities.

This panel will discuss strategies and key topics involving the restructuring or liquidation of retail operations. The panelists will address landlord issues and claims, as well as the interplay of §§ 363 and 365, among numerous related matters.

This panel of Central States judges will discuss 25 years of key opinions.

This session will discuss the implications of this Supreme Court decision, whether gifting is over, alternative avenues of distributions outside of a plan (e.g., pursuant to DIP order, Short Bark), and remand issues in Jevic.

As the retention of contingency counsel proliferates, stakeholders and their professionals need guidance and creativity in considering the financial arrangements that are negotiated. This panel will focus on ethics and professionalism issues that arise in these retentions, retaining counsel under § 328, how to negotiate and/or determine what compensation is appropriate (20 percent vs. 40 percent), compensation based on case status (e.g., settlement after initial motion practice vs. SJ), hybrid compensation, financing litigation (estate vs. contingency counsel vs. third party, Gawker), who should control settlement as contingency counsel’s stake grows, and when payment of contingency counsel can be contested.

This session will explore the following questions: Should all similarly situated creditors have the right to participate in rights offerings, financings, etc.? Does it violate Bankruptcy Code provisions or policy to allow a subset of creditors to receive fees and increase their recovery at the expense of similarly situated creditors? Is mandatory market-testing a viable solution?

Join in on this discussion of significant insolvency-related developments in Venezuela.

This panel will discuss an update on § 546(e) safe harbors, preemption issues, the cap on recovery under § 550, and Merit Management, Tribune, Physiotherapy and Lyondell.

Interested in mediation? Attend this session to experience a mock mediation and discuss mediation’s benefits and pitfalls. The panel will also examine plan mediation vs. targeted specific issues, as well as material nonpublic information concerns.

What is consent, and how do you infer consent? This panel will discuss jurisdictional issues with third-party releases, as well as recent cases (Millennium Health, Gawker, SunEdison).