Business Reorganization

A seldom-used, and even lesser-understood, provision of the Bankruptcy Code, the 1111(b) election can provide substantial leverage to a secured creditor in a bankruptcy case. This session will detail what the election is and why — as either a creditors’ or debtors’ attorney — you should understand the ramifications it can have on your case.

This panel will explore the trend of private-equity firms and hedge funds favoring out-of-court workouts (with or without a pre-packaged or pre-arranged bankruptcy case) rather than traditional chapter 11 cases for achieving their restructuring goals. The panel will also debate whether the Chapter 11 Reform Commission’s recommendations adequately address such issues. Cases to be discussed include Tribune Co. fraudulent conveyance litigation, Sun Capital, ICL Holding and Sabine Oil & Gas Corp., et al.

This panel will discuss the various obstacles attorneys can encounter when collecting fees. The discussion will include enforcement of contractual and statutory rights to payment, over- and undersecured claims, preference claims arising from the payment of attorneys’ fees, fees incurred defending fee application objections, and other related issues.

As the value of commercial and residential real property is often in flux, especially in light of the Great Recession of 2008, the rights and obligations of interested parties, as well as their incentives and motivations, can change. This panel will discuss the implications of changing valuations of residential real property in chapter 7 and 13 cases, as well as residential and commercial real property in chapter 11 cases.

The panel will discuss the ins and outs of business development and the various ways attorneys and their firms market their practices.