12-Hour Program

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Overview

Why you should attend

The credit markets continue to be volatile and in today’s weak economy, staying abreast of the current developments in restructuring, bankruptcy and reorganizations is essential. This advanced conference assembles a remarkable faculty of bankruptcy judges and leading practitioners who will provide you with a thorough review and analysis of hot topics, developments, and recent decisions in diverse industries. They will cover the ramifications of the Supreme Court’s decision of Stern v. Marshall, and subsequent decisions and Rules, and their practical implications on jurisdiction, administration of business cases and bankruptcy litigation. The faculty will also address a practical review of recent cases and trends that affect your practice on behalf of debtors, vendors, bondholders, lenders, diverse groups of creditors, hedge funds, committees, labor, and parties to executory contracts, structured finance deals, and other transactions. There will be special focus on valuation issues. Equip yourself with strategies and litigation tactics you can use daily, and feel confident advising your clients in these evolving areas of the law. Ethical issues will be covered.

What you will learn

  • Current market and legal developments
  • Stern v. Marshall and subsequent appellate cases - drastic implications for bankruptcy and reorganization cases?
  • American Airlines, Hostess, MF Global, Lehman, General Motors, WaMu, Madoff, Bayou, Tousa; Vitro
  • Structured and complex finance developments - repos, swaps, forward contracts, derivatives, SPVs - see MF Global, Lehman and General Growth
  • Corporate governance and the powers and duties of DIPs and of their boards; D&O liability, insurance and damage issues - deepening insolvency
  • How to recognize ethical issues and avoid missteps in your bankruptcy and reorganization cases
  • Controversies on sales of assets free and clear under Sections 363 and 1129 and bid procedures and protections - Los Angeles Dodgers, General Motors, Chrysler, Texas Rangers, River Road; Clear Channel and progeny
  • New developments regarding unsecured and secured claims and labor issues and claims
  • Section 502(b)(6) cap on lessor’s rent claims, security deposits and L/Cs
  • Defenses to voidable preference attacks, including new value and § 546(e)
  • Fraudulent conveyances, LBOs and safe harbors; section 546(e), valuation issues; in pari delicto and Ponzi issues and defenses
  • Executory contracts and leases - Sunbeam; cf. Lubrizol; Section 365(n)
  • Enforcing Intercreditor agreements, subordination and related litigation issues - West Point Stevens, Ion Media;
  • Boston Generating; StuyTown; Euro Directories
  • New developments on plan proposals, disclosure statements and confirmation of a plan
  • International and cross-border insolvencies, inbound and outbound - Chapters 11 and 15

Who should attend

This is a current developments program and is designed for a wide range of restructuring, bankruptcy, reorganization and other transactional practitioners, litigators, in-house counsel and others who are involved in restructurings and insolvency cases. They should have at least basic knowledge of defaults, the Bankruptcy Code, rules and procedures. This program will help transactional, litigation, and intellectual property lawyers prepare for and deal with defaults, restructurings, and sales of distressed assets.

Credit Details