NO CLE - Post-Confirmation Trusts: Structuring for Success (or Bust) in the Afterlife

Post-confirmation trusts increasingly have become a popular means of obtaining plan confirmation and administering estate assets, pursuing litigation, and resolving a variety of disputes in chapter 11. While the use of post-confirmation trusts provides a host of benefits, it may provide traps for the unwary. This panel will explore issues and challenges that frequently arise in structuring and implementing post-confirmation liquidating and litigation trusts, including preservation and limitations of estate powers, analysis and pursuit of litigation, and practical challenges to winding down assets after former officers, directors and employees are no longer incentivized (or compensated) to cooperate. The panel will bring a wealth of nationwide experience to bear, along with the perspectives of post-confirmation fiduciaries, debtors and creditors alike.