Finance and Banking

The Till v. SCS Decision was handed down in May 2004, making 2014 the 10-year anniversary of one of the most important bankruptcy decisions of all time. This panel, which features the lawyers who argued the matter before the Supreme Court (Eric Brunstad), as well as others who have argued significant post-Till interest rate cases, will discuss the evolution of Till and where we are today.

This panel will explain how to critically review tax returns and financial statements and address the issues and items a bankruptcy lawyer representing a debtor or creditor (both for consumer and business cases) should look for when reviewing financial statements and tax returns.

This panel will take a look at financial statement analysis and key ratios, and why they matter in bankruptcy.

Hosted By: Legislation Committee Congress recently proposed legislation to repeal Title II of Dodd-Frank (the “Orderly Liquidation Authority,” or “OLA”) and replace it with chapter 14 of the Bankruptcy Code. This 75 minute webinar will provide a basic overview of the OLA, and will introduce participants to the current chapter 14 proposal providing for the reorganization or liquidation of large financial institutions. The discussion will explore the policies underlying chapter 14 and concerns surrounding the limits of chapter 11, as well as the potential effects that this proposed legislation would have on large financial institutions and bankruptcy practitioners. SPEAKERS Thomas Jackson University of Rochester Rochester, NY Stephen Lubben Seton Hall University South Orange, N.J. Reena Sahni Davis Polk & Wardwell LLP New York Dena Kessler, Moderator BakerHostetler Washington, D.C.

Find out the latest happenings in all of the Southern Districts. What can impact your practice? What should?

This is the second in a series of presentations geared toward understanding the deal-document side of a common transaction in a chapter 11 case. The panel will focus on DIP financing agreements, specifically what is behind the representations and warranties, covenants, default provisions and remedy provisions: Do differences exist if the DIP lender is the pre-petition lender rather than a new provider of funding? Are there deal-document differences if it is a syndicated lender group rather than a single lender? Just as important is what the panel will not focus on: This is not intended to be a discussion of § 364 and the means for obtaining approval of, or objecting to, a DIP financing motion. Rather, the presentation will be by those who understand and can explain the provisions of, the rationale behind, and the drafting and negotiation of the DIP financing agreement’s provisions.

This panel will discuss commonly negotiated clauses found in DIP loan facilities, including roll-up provisions, cross-collateral clauses, waivers of defenses and carve-out clauses. Priming might also be discussed, with an analysis of existing case law involving adequate protection, as well as suggested best practices from both the debtor’s and lender’s perspective.

In today’s marketplace, more and more thought is being given to pursuing state law remedies rather than commencing chapter 11 cases. This is especially true in the middle market. This panel will discuss the financial professional’s role and obligations in out-of-court restructuring solutions, including compositions, foreclosures, assignments for the benefit of creditors and asset sales.