2017 Winter Leadership Conference, 2014

This panel will explore ways to draft pre-petition settlement agreements so that they are “bankruptcy- and preference-proof.” Post-petition settlement agreements will be addressed, with a focus on a discussion of releases, further assurance clauses, indemnification issues, and the settlement of various types of contested matters and adversary proceedings such as claims objections and avoidance actions.

A panel of proven rainmakers will share their tips on how restructuring professionals of any age can learn to bring in new business.

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

Commercial Fraud/Mediation Committees: This mock mediation of commercial fraud litigation will utilize the talents of several of the leading mediation experts in the country. This program will demonstrate best practices in representing parties in mediation, as well as highlight key practice pointers for all involved in an effective mediation process.

Health Care/Young & New Members Committees: Health care is a key area in which restructuring work is likely to grow significantly in the coming years. This panel will focus on the basics that professionals should know when it comes to handling bankruptcies and restructurings in the health care industry. The panel will also address tips and strategies as to how professionals can develop health care-related work.