Thursday, November 7, 2013
Registration Desk Open and Continental Breakfast
Panelists will assume the roles of management, board members and professionals at key stages of the restructuring process in order to demonstrate how a company can lose control of its own reorganization. We will consider such questions as the appropriate level of advocacy, the ethics of giving particular advice that favors the advising professional, and other common reorganization dilemmas.
10:00 a.m.-12:15 p.m.
Part 1: Subject-Matter Panels
Session 1: Sale/lease-back transactions and the potential for fraudulent conveyance
How is this issue addressed during a restructuring?
Should this be left for a post-confirmation trust?
How has the use of post-confirmation trusts changed restructuring work?
Session 2: Recharacterization of debt to equity (equitable subordination)
Equity investor provides rescue financing in the form of junior debt?
When is the appropriate time to raise this matter in the case?
Who should bring the action?
Session 3: Lease-rejection issues contrasted pre- and post-BAPCPA
How much time does a debtor need to reject leases?
How much harm is caused to landlords from extending the rejection guidelines?
Session 4: Subsidiary obligations on the debt
Operating subsidiaries are not obligees or guarantors of parent unsecured debt
When is it appropriate to appoint separate counsel?
Are special committees an effective solution?
Part 2: Competing Plans of Reorganization
Pulling together everything learned in the first four sessions, the faculty will be divided into four teams representing the out-of-court and bankruptcy options and will compare the relative advantages and disadvantages of each through the unique perspective of management, equity, secured lenders, unsecured creditors, landlords and union employees.
Summary and Concluding Remarks
Joint Reception and Dinner with 2013 Corporate Restructuring Competition Attendees
(See Registration Form for tickets)
Sheraton University City Hotel
Benjamin Franklin Ballroom
3549 Chestnut Street, Philadelphia, PA 19104
Click Here for the 10th Annual ABI Corporate Restructuring Competition
66 Canal Center Plaza, Suite 600
Copyright 2013 - The American Bankruptcy Institute