Creditors' Committee

The more things change with intercreditor agreements, the more they stay the same — or so it seems. The interpretation and enforcement of intercreditor agreements continues to take center stage in many cases (high-profile and otherwise), and each decision seems to equally shed more light and raise more questions about intercreditor agreements in the bankruptcy context.

This panel will provide a review and analysis of § 1129(a) and (b) confirmation standards focused on recent and hot topic areas affecting senior and junior secured creditors. Discussed will be Momentive Performance issues, including cramdown interest rates at below-market rates even when market rates exist, the extent of the subordination of senior subordinated noteholders, the enforceability of make-whole payment provisions in chapter 11 plans, and intercreditor and cramdown issues.

Debt recovery in the Caribbean can sometimes require more from creditors than simply having a well-drafted set of documents containing prescribed remedies. The astute creditor should take into consideration several factors when seeking to resolve and satisfy its outstanding claims against an insolvent business entity, including the impact on the debtor’s business, an awareness of local issues, and an appreciation for the importance of relationships in preserving and fostering long-term business relationships.

Resolved: The absolute priority rule should be eliminated in multi-debtor cases.
Speakers:
Pro: Hon. James M. Peck (ret.)
Morrison & Foerster LLP; New York
Con:Hon. Mary F. Walrath
U.S. Bankruptcy Court (D. Del.); Wilmington

Resolved: The provisions in 11 U.S.C. § 363 prime and take precedence over the rights that 11 U.S.C. § 365(h) grants to lessees, so accordingly trustees/debtors in possession can sell real estate free and clear of any lease rights a tenant might have in the sold real estate.
Speakers:
Pro: Carren B. Shulman
Sheppard, Mullin, Richter & Hampton LLP; New York

Any Midwest attorney is likely to represent a client in Delaware or the S.D.N.Y. at some point. For example, you're likely to have clients facing claims litigation, trying to preserve executory contact or lease rights, or facing a preference complaint. Would you like a crash course in representing your clients in these districts and practice like you have years of experience in front of these courts? If so, please join us for a program that will cover the most common situations a Midwest attorney might encounter.