Plan Confirmation

This session will cover several confirmation hot topics, including the allowance of mass tort issues, equity-linked DIP facilities, Purdue and third-party releases, exclusivity, mootness, good faith and other confirmation issues.

This panel will focus on objections raised by counsel, and rulings by a presiding bankruptcy judge, during live mock direct and cross-examination of witnesses in a Chapter 11 confirmation hearing. Attendees will gain an understanding of how to properly make/respond to, and the merits of, certain objections to testimony in the context of a Chapter 11 confirmation hearing.

This panel will provide a review of recent confirmation issues, including reinstatement in a rising-interest-rate environment, cramdown and Till in a rising-interest-rate environment, the entitlement to or apportionment of the increased value of collateral, new versions of pre-disclosure-statement plan-commitment agreements, make-whole obligations as unmatured interest, solvent debtors and creditors’ entitlement to post-petition interest, and the evolution of equitable mootness.

Bankruptcy judges will discuss the most talked-about current events and controversial opinions in the insolvency world with ABI Editor-at-Large Bill Rochelle.

Third-party releases remain a hot topic in bankruptcy proceedings. Learn what the laws in various circuits have to say about permissible third-party releases, whether bankruptcy courts are deemed to have subject-matter jurisdiction and statutory authority to approve third-party releases as part of confirmation orders approving plans of reorganization, and what standards are imposed by circuit courts to determine whether a third-party release should be approved.