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Acquiring Assets from the Debtor Estate, IP Issues, Corporate Governance and Bankruptcy Ethics

Recorded on: Apr. 20, 2011
Running Time: 01:06:11

Full Transcript:


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Taken from the Web Program Bankruptcy & Reorganizations: Current Developments 2011 recorded April, 2011 in New York.

Lecture Topics  [01:06:11]

Acquiring Assets from the Debtor Estate, IP Issues, Corporate Governance and Bankruptcy Ethics  [01:06:11]
  • Process and procedures - break-up and topping fees
  • Structuring bids - GM, Chrysler and small and medium cases
  • Sales free and clear and grounds for objections - cf. Clear Channel
  • Bidding in during 363 sale and plan confirmation - cf. Philadelphia News
  • Successor liability and future claims
  • Assignments and sales
  • Licenses, trademarks and patents in sales
  • Valuations in sales
  • Hearings, appeals and mootness - GM, Chrysler
  • Corporate governance issues and bankruptcy
  • Liability and fiduciary duties of officers and directors of insolvent debtors; deepening insolvency liability and damages law
  • D & O claims held by the estate and third parties; in pari delicto; Refco
The purchase price of this segment includes the following article from the Course Handbook available online:
  • Use of Break-Up and Topping Fees in Corporate, Restructuring and Bankruptcy Asset Sales
    Joseph Samet
  • Duties of Directors and Officers and Liability Issues
    Joseph Samet, Jacob Kaplan
  • Duties of Directors and Officers of Distressed Companies
    Jane L. Vris
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