Turnaround Issues

From the outset of AMR's chapter 11 filing in November 2011, the Creditors' Committee focused on working closely and collaboratively with the Debtors to craft innovative solutions for the airlines' labor and pension issues and to systematically evaluate AMR's restructuring alternatives, identify a path for emergence that maximized the value of the airline, and craft a confirmable plan of reorganization that would command the strong support of general unsecured creditors and other economic stakeholders.

In 2013, ABI issued its Final Report of the ABI National Ethics Task Force, and the Executive Office for U.S. Trustees set forth new guidelines for reviewing applications for compensation and reimbursement of expenses filed under § 330 of the Bankruptcy Code for attorneys in larger chapter 11 cases. In addition, the Cayman Islands and the Bahamas have experienced developments with respect to retention and compensation of attorneys. This panel will discuss the ethical implications of these developments.

"How to Hire the Right Financial Advisors" will provide attendees with an overview and basic understanding of the different types of financial advisors that may be relevant for in- and out-of-court cases. Our experienced panel will provide an informative discussion about matching the right type of financial advisor with the specific needs of each case, drawing upon both empirical examples and their own personal experiences. This is a perfect session for junior attorneys and/or attorneys with more limited experience in the bankruptcy environment. Topics include:

Selection of CRO and establishment of a scope and chain of command; role of CRO and other officers in intercompany disputes in multi-debtor cases; negotiating pre- and post-confirmation equity/incentives for officers and directors; selecting a post-confirmation board of directors; issues and actions constituting “cause” for appointment of trustee or examiner motion; appointment and role of examiner in recent cases (Rescap, Dewey, Dynegy)

Our industry experts have hand selected three industries that have seen a slate of recent filings or regulatory upheaval – clean energy, protein/ poultry, and healthcare-- and will examine if we’ve hit bottom or merely the tip of the iceberg.