Chapter 11 First-Day Motions: Continuing Ordinary Operations, Securing Financing, Paying Essential Creditors, and More
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will offer counsel a practical guide to the most common first-day motions filed in a voluntary Chapter 11 bankruptcy. The panel will discuss debtor and creditor strategies for key requests and what courts expect to see in court filings.
Outline
- General considerations and strategies
- Prioritizing what relief to request in First-Day motions
- Procedural and evidentiary considerations
- Selected First-Day motions
- First-Day declarations
- Debtor-in-possesion financing
- Cash collateral
- Wages and employee compensation
- Critical vendors
- Reclamation procedures
- Cross-border foreign representative orders
Benefits
The panel will review these and other key issues:
- What are the biggest mistakes debtor's counsel should avoid with respect to first-day motions?
- What terms are and should be acceptable in first-day cash-collateral and DIP-financing orders?
- What categories of first-day relief are the most controversial?
- Which creditors should be consulted when preparing first-day motions?
- Which courts have forms or procedures for first-day motions?
Faculty
Luke A. Barefoot
Partner
Cleary Gottlieb Steen & Hamilton
Mr. Barefoot’s practice focuses on bankruptcy litigation, insolvency, corporate restructuring and related... | Read More
Mr. Barefoot’s practice focuses on bankruptcy litigation, insolvency, corporate restructuring and related disputes. He was inducted into the International Insolvency Institute’s Next Generation at the London conference on June 19, 2017.
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Mark I. Duedall
Partner
Bryan Cave Leighton Paisner
Mr. Duedall is in the firm’s Restructuring & Insolvency Practice Group. He represents various parties in... | Read More
Mr. Duedall is in the firm’s Restructuring & Insolvency Practice Group. He represents various parties in restructuring matters, including acquirers, debtors, secured and mezzanine lenders, creditors' committees, receivers, and other financial advisors. Mr. Duedall has also handled traditional corporate matters such as acquisitions, dispositions, recapitalizations, and finance transactions.
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Tinamarie Feil
President of Client Services and Co-Founder
BMC Group
Ms. Feil is co-founder and the President of Client Services of BMC Group. She has 30 years experience directing various... | Read More
Ms. Feil is co-founder and the President of Client Services of BMC Group. She has 30 years experience directing various aspects of corporate compliance, communications, insolvency case administration, as well as the due diligence process in major merger & acquisition transactions. Ms. Feil currently sits on the Board of Directors of the American Bankruptcy and is Committee Leader of IWIRC’s delegation to the United Nations Committee on International Trade Law (Working Group V, Insolvency). She is a frequent author and speaker. Articles Ms. Feil has authored include “Planning a Smooth Chapter 11 Distribution Process;” “Quick, or Not So Quick, Sales Under Chapter 11;” “What About the Cloud;” "Concerns Surrounding the Transmission of Personally Identifiable Information;" and co-authored "Claims Trading Promotes Ownership Concentration.” She is an active member of Turnaround Management Association, the American Bankruptcy Institute, the Association for Corporate Growth and INSOL International.
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Paul Hammer
Shareholder
Barron & Newburger
Mr. Hammer has extensive experience in handling bankruptcy and reorganization proceedings in a number of economic... | Read More
Mr. Hammer has extensive experience in handling bankruptcy and reorganization proceedings in a number of economic sectors including energy, healthcare, and retail. His clients have included Trustees, equity holders, executives, insurers, financial institutions and Committees.
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