As a result of the general prohibition under §1125(b) of the Bankruptcy Code on solicitation of votes to accept or reject a plan prior to court approval of a disclosure statement, there is usually a period of time between the hearing on approval of a disclosure statement and the hearing on confirmation of the plan.[1] However, there are two universally recognized cases in which bankruptcy courts will combine the hearings on approval of the disclosure statement and the confirmation of plan. First, in cases involving small business debtors,[2] the court is empowered to conditionally approve the disclosure statement, permit postpetition solicitation, and combine the two hearings on approval of the disclosure statement and confirmation of the plan.[3] Second, in cases involving prepackaged plans, which are subject to a prepetition solicitation of votes that was in compliance with applicable nonbankruptcy law, courts routinely conduct combined hearings to approve the disclosure statement, plan and solicitation procedures shortly after a debtor files its chapter 11 petition.[4]
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The ABI and Georgetown University Law Center will present "Bankruptcy 2009: Views from the Bench" on October 2 at Georgetown University in Washington, D.C. This year's conference will allow bankruptcy practitioners and judges to convene for a day of top-notch CLE and networking. Hear noted scholar Ken Klee on his new book analyzing more than 100 years of Supreme Court bankruptcy jurisprudence. Three of the sessions will be of particular interest to the committee.
Panelists in the session "Steering Through the Auto Crisis" will give an overview of the bankruptcy filings of Chrysler and General Motors. Craig Goldblatt of WilmerHale in Washington, D.C. will moderate and Kevyn D. Orr of Jones Day in Washington, D.C. will facilitate. Panelists will include Hon. Robert E. Gerber of the U.S. Bankruptcy Court (S.D.N.Y.) in New York and Hon. Steven W. Rhodes of the U.S. Bankruptcy Court (E.D. Mich.) in Detroit. Please click the link below to view Mr. Goldblatt's materials.
Automaker Bankruptcies: Overview and Key Issues
The session "Retail Cases" will help explain the effects that BAPCPA has had on the treatment of unpaid suppliers in instances concerning issues like administrative claims and lease rejection. Panelists will include Hon. Wendelin I. Lipp of the U.S. Bankruptcy Court (D. Md.) in Greenbelt, Md., Hon. Brendan Linehan Shannon of the U.S. Bankruptcy Court (D. Del.) in Wilmington, Del., and Hon. Mary F. Walrath of the U.S. Bankruptcy Court (D. Del.) in Wilmington, Del. Martin J. Bienenstock of Dewey & LeBoeuf LLP in New York will moderate and David L. Pollack of Ballard Spahr Andrews & Ingersoll, LLP in Philadelphia will facilitate. Please click the link below to view Mr. Bienenstock's materials.
Retail Issues
Panelists in the session "Current Issues in Plan Confirmation" will discuss developments in cramdowns, discharge in liquidating cases and the effect of the Piccadilly case. Richard B. Levin of Cravath, Swaine & Moore LLP in New York will moderate and Edward C. Dolan of Hogan & Hartson LLP in Washington, D.C. will facilitate. Panelists will include Hon. Thomas J. Catliota of the U.S. Bankruptcy Court (D. Md.) in Greenbelt, Md., Hon. Allan L. Gropper of the U.S. Bankruptcy Court (S.D.N.Y.) in New York and Hon. S. Martin Teel of the U.S. Bankruptcy Court (D. D.C.) in Washington, D.C. Please click the link below to view Mr. Levin's materials.
Current Issues in Plan Confirmation
