Business Reorganization

This panel will address issues related to (1) whether a blanket lienholder has a lien on the going concern or goodwill of a debtor under Article 9 of the UCC and how this complicated issue works out in the context of a chapter 11 case, (2) navigating §552 in regards to the post-petition effect of a pre-petition security interests, and (3) reclamation claims under §503(b)(9), including disputes between inventory lienholders and reclamation claimholders, and questions of when receipt of goods occurs, whether goods delivered to a debtor’s customer qualify for reclamation, and whether utility serv

This panel will discuss (a) the strained relationship between the international parent and the subsidiary (including the fact that foreign operations were in different silos — i.e., there was no single C-suite per se); (b) the impact of the independent directors and the company's corporate governance best practices; (c) the international M&A process; (d) the unique (i.e., really unheard of) claims-trading activity that took place; and (e) the importance of timing (including a very difficult audit environment in the midst of an investigation).

Resolved: Under Till v. SCS Credit Corp., a bankruptcy court is required to use a two-step approach to determine the cramdown interest rate, and must first determine whether there is an efficient market before it can use the formula approach.

Resolved: A trademark licensee retains the right to use a debtor’s trademark post-rejection.

This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country, who will share their thoughts and perspectives — and take questions from the audience — on topics of current interest in both business and consumer cases.

This panel will discuss alternatives to formal bankruptcy, including assignments for the benefit of creditors, abstention of a bankruptcy case under § 305, receiverships, state law dissolution and out-of-court workouts.