Individual Chapter 11 Cases and the Absolute Priority Rule: Latest Developments
Navigating Divergent Court Interpretations of the Rule and Impact on Filings by Individuals
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide bankruptcy counsel with an analysis of the latest case law developments on the absolute priority rule in individual Chapter 11 cases post BAPCPA, the varying court interpretations and applications of the rule, and best practices for both individual debtors and unsecured creditors.
BAPCPA amendments impacting the absolute priority rule
- Section 1115 defining property of the estate
- Amendment to Chapter 1129(b)(2)(B) absolute priority rule
- Interplay with Section 522 exempt property
Competing court interpretations of the absolute priority rule, including latest cases
- Absolute priority rule abolished
- Absolute priority rule survives
- New value exception
- Payment of personal expenses prior to confirmation of a plan
- Drafting a plan in individual Chapter 11 cases
- Best practices for debtors
- Best practices for unsecured creditors
The panel will review these and other key questions:
- How have the BAPCPA amendments changed the landscape for the application of the absolute priority rule in individual Chapter 11 cases?
- How are courts interpreting and applying the absolute priority rule in reorganization plans for individual debtors?
- If the absolute priority rule exempts the debtor from retaining exempt property, does the new value exception apply?
- What living expenses can an individual debtor incur during the case?
- What issues should be considered in the drafting of individual Chapter 11 plans?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
William L. Norton
Bradley Arant Boult Cummings
Mr. Norton focuses his practice in the business bankruptcy area, dealing in all aspects of bankruptcy cases,... | Read More
Mr. Norton focuses his practice in the business bankruptcy area, dealing in all aspects of bankruptcy cases, creditor rights and insolvency. With more than 25 years of practice, he has represented just about every kind of client interest expected in bankruptcy cases. His main focus now is Chapter 11 business cases – representing debtors, secured creditors, unsecured creditors, committees and trustees.Close
Stanley E. Goldich
Pachulski Stang Ziehl & Jones
Mr. Goldich’s legal practice primarily encompasses representation of debtors, creditors’ committees,... | Read More
Mr. Goldich’s legal practice primarily encompasses representation of debtors, creditors’ committees, trustees and other parties in chapter 11 bankruptcy cases. He also regularly consults on conflicts and ethics issues in the firm’s chapter 11 cases and is a former Chair of the Los Angeles County Bar Association Ethics Committee, which he served on for over 15 years.Close
Gwendolyn J. Godfrey
Ms. Godfrey focuses her practice on bankruptcy and commercial litigation. She serves as counsel to institutional... | Read More
Ms. Godfrey focuses her practice on bankruptcy and commercial litigation. She serves as counsel to institutional lenders, corporate debtors, creditors, and plan trustees in Chapter 11 bankruptcy proceedings. She also specializes in the representation of secured lenders in commercial litigation and workouts throughout the Southeast.Close