This CLE webinar will review the enforceability of lockup provisions and the lessons from recent decisions where they were rejected. The panel will examine the In re GOL decision and offer guidance for avoiding the pitfalls of overreaching when structuring and drafting lockup provisions. Read More

This CLE course will offer bankruptcy practitioners insight into key considerations and best practices concerning Bankruptcy Code Section 365's requirements for assuming and assigning retail leases, enhanced protections for certain landlords, curing defaults, establishing and providing adequate assu... Read More

This CLE webinar will discuss how to counsel and advise officers and other members of management regarding whether to stay on after a company files Chapter 11 and how to mitigate personal liability. While most CLE programs focus on what incentives the debtor will be allowed to offer existing managem... Read More

This CLE course will instruct bankruptcy attorneys about creating and opposing "cram up" Chapter 11 plans under which the plan is accepted by junior creditors and then crammed up on senior objecting creditors. Read More

This CLE webinar will review the rights and obligations of debtors and insurers when claims exist or have been made against a debtor with a self-insured deductible that it has not and cannot pay. Read More

This CLE course will present suggested approaches for commercial real estate debtors and senior mortgage lenders to deal with single asset real estate (SARE) entities. Single asset real estate is defined in the Bankruptcy Code as a single property or project that generates substantially all of the d... Read More

This CLE course will provide bankruptcy counsel with updated and current instruction on the fiduciary duties of loyalty, due care, and oversight that directors and officers owe to the corporation and shareholders as a company slides into insolvency and who can enforce those duties if the company fil... Read More

This CLE webinar will address how creditors can prevent the manipulation of Subchapter V by challenging the election eligibility and by paying careful attention to the projected disposable income. The panel will discuss options for small businesses, guide counsel through eligibility requirements und... Read More

This CLE webinar will analyze the anticipated impact of the Supreme Court's decision in Harrington v. Purdue Pharma L.P., 603 U.S. __ (2024). In Purdue Pharma, the Court held that the Bankruptcy Code does not authorize releases under a debtor's Chapter 11 plan of reorganization in favor of third par... Read More

This CLE webinar will discuss the implications of Truck Insurance Exchange v. Kaiser Gypsum Co. Inc., 601 U.S. ___ (June 6, 2024), on insurers, debtors, injured plaintiffs, and other key bankruptcy participants regarding how they negotiate plans involving insurance-funded settlements, what types of... Read More

This CLE webinar will guide bankruptcy practitioners in the nuances surrounding commercial tenant distress outside and inside of bankruptcy proceedings. The dynamic panel will cover the rights, duties, and options under the Bankruptcy Code for landlords. Read More

This CLE course will guide counsel through the issues and process of proposing and confirming a plan of reorganization under Subchapter V of Chapter 11 of the Bankruptcy Code. The program will also review the consequences of consensual confirmation and cramdown on discharge. Read More

This CLE webinar will discuss the legal and economic issues related to the treatment and enforcement of personal and intercorporate guarantees before, during, and after bankruptcy or confirmation, in the context of frequently occurring scenarios. Read More

This CLE webinar will discuss assumption, rejection, and assignment of franchise agreements, licensing agreements (including IP licenses), service contracts, noncompetition agreements, and unexpired leases, as well as related issues such as adequate protection, use of cash collateral, damages caps,... Read More

This CLE webinar will discuss dual-track Chapter 11 strategies that simultaneously prepare for reorganization with continued operations while also marketing the distressed business for sale. The program will review the advantages of such plans for both debtors and creditors and what creditors expect... Read More

This CLE webinar will address key issues that arise when the primary asset in a Chapter 11 case is liability insurance and the primary creditors are claimants to those proceeds. The panel will focus on using settlement trusts, the broad issue of standing to object to under 11 U.S.C. 1109, and the co... Read More

This CLE course will discuss obvious and not so obvious ways in which Subchapter V Trustees (SVT) help both debtors and creditors take advantage of Subchapter V to save businesses and allow creditors to get paid. The panel will discuss the SVT's duties under Bankruptcy Code Section 1183, other dutie... Read More

This CLE webinar will discuss the effect on the beneficiary and issuer of a letter of credit (LOC) if the account party (a/k/a the applicant) files for bankruptcy. The panel will identify key provisions in LOCs, post-petition draw demands, possible preference liability and related defenses, how proc... Read More

This CLE course will discuss how the Section 1111(b)(2) election allows secured and undersecured creditors to command a higher payout and preserve any future increases in the value of its collateral. The panel will discuss the increasing use of waivers of the right to object to Section 1111(b)(2) in... Read More

This CLE webinar will discuss the novel approach used in Verizon Commc'ns. Inc., et al. v. Nat'l Union Fire Ins. Co. of Pittsburgh, et al, Case No N18C-08-086 EMD CCLD (Del. Super. Ct. Oct. 18, 2022) for accessing D&O insurance coverage in connection with a fraudulent transfer claim. The panel will... Read More

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. Read More

This CLE webinar will discuss emerging strategies for confirming a Chapter 11 plan in a case filed to address mass-tort liability. The panel will address the pivotal role of insurance and channeling injunctions as well as options for dealing with impasses among various constituencies. Read More

This CLE course will explore the use and effect on creditor options and payouts of companies bringing on new "bankruptcy directors" as they hurdle toward Chapter 11, the impact of bankruptcy or "independent" directors on the integrity of the bankruptcy system, and what creditors and creditors' commi... Read More

This CLE course will provide counsel with the tools to address the specialized issues that arise during retail and restaurant bankruptcies. The panel will review challenges with financing, dealing with overstock and inventory issues, leases and other executory contracts, franchise agreements, vendor... Read More

This CLE course will equip counsel to negotiate and draft restructuring support agreements (RSAs, also known as "lock-up" or "plan support agreements") that will help reduce the cost, length, and adverse effects of a Chapter 11 case. A well-structured RSA can assure all stakeholders that the debtor... Read More

This CLE webinar is about employee incentive plans (KEIPs), employee retention plans (KERPs), and other executive compensation payments before, during, or after Chapter 11 bankruptcies. The panel will discuss the thin line between Bankruptcy Code Sections 503(c)(1) and (c)(3), how to create approvab... Read More

This CLE course will guide practitioners through unique issues when partnerships, limited liability companies, or their partners and members file bankruptcy. The panel will address topics in recent partnership bankruptcy cases and how courts cope with the lack of specific Bankruptcy Code provisions... Read More

This CLE course will guide bankruptcy attorneys through the intersection of digital assets and bankruptcy. The program will offer an overview of digital assets; how they are identified, investigated, preserved, and administered; how digital assets can be collateralized and valued; and what happens t... Read More

This CLE course will analyze the benefits and risks of prenegotiating or prepackaging a chapter 11 plan, including the complexities that professionals face in negotiating and structuring them and current trends and decisions such as the emerging use of "super speed" prepacks and recent decisions reg... Read More

This CLE webinar will plumb the nuances of individual reorganizations under Subchapter V of Chapter 11 of the Bankruptcy Code. The panel will guide both debtor and creditor counsel through the advantages and disadvantages of Subchapter V, plan creation, eligibility restrictions and traps, post-petit... Read More

This CLE course will instruct bankruptcy attorneys about creating and opposing "cram-up" Chapter 11 plans under which the plan is accepted by junior creditors and then crammed up on senior objecting creditors. Read More

This CLE course will discuss the divergent law on whether an energy industry debtor can reject its power purchase agreements (PPAs) and provide bankruptcy counsel with an understanding of how this issue might be resolved in bankruptcy proceedings. Read More

This CLE webinar will discuss the provisions of the Bankruptcy Code and other sources of authority, such as the Model Rules of Professional Conduct, that present numerous "traps for the unwary" in bankruptcy. The program will analyze how experienced--and otherwise exemplary--attorneys, financial adv... Read More

This CLE course will discuss bankruptcy opportunities and strategies for debtors, creditors, investors, and landlords when real property and improvements face decreasing values and unstable income. The panel will discuss the strategic use of Chapter 11 to manage excessive debt and retain real proper... Read More

This CLE course will discuss how counsel representing committee members and counsel for committees address recurring and new issues. Official committees, most often unsecured creditors committees, remain critical to reigning in secured lenders. Ad hoc committees provide creditor groups that share a... Read More

This CLE course will explore the use and effect on creditor options and payouts of companies' bringing on new "bankruptcy directors" as they hurdle toward Chapter 11, the impact of bankruptcy or "independent" directors on the integrity of the bankruptcy system, and what creditors and creditors' comm... Read More

This CLE course will discuss the current treatment of consensual and nonconsensual third-party releases in Chapter 11 reorganization plans. The panel discussion will include current approaches to incorporating release and discharge provisions into a Chapter 11 plan, what constitutes consent for vari... Read More

This CLE course will guide bankruptcy counsel in understanding the interplay between Bankruptcy Code Sections 510(a) and 1129(b)(1) and how a plan of reorganization can be confirmed even if it allocates to subordinated creditors some portion of the amount owed to a senior creditor under a pre-petiti... Read More

This CLE course will consider the rights, obligations and negotiating posture of a contract counterparty following the rejection of that contract under Bankruptcy Code Section 365. We will give particular consideration to how recent U.S. Supreme Court authority on this question has affected leverage... Read More

This CLE course will discuss what happens after confirmation and what happens when a debtor defaults under a plan of reorganization, whether confirmed under the regular provisions of Chapter 11 or new Subchapter V. The program will review the impact of confirmation on critical issues, the use of pos... Read More

This CLE course will guide counsel through the unique challenges and procedural complexities of bankruptcy appeals, including the specialized issues of finality, mootness, and jurisdiction. The program will help lawyers avoid several minefields crowded with terminal explosive devices that can change... Read More

This CLE course will provide counsel with the tools to address the specific issues that arise during retail and restaurant bankruptcies. The panel will review topics related to leases and other executory contracts, franchise agreements, vendor rights, gift cards, and the many other issues unique to... Read More

This CLE course will provide insight and analysis on the types of claims that may entitle directors and officers to indemnity protection and how their indemnity claims are treated in and affected by a company's bankruptcy. The panel will also discuss the effect of bankruptcy on D&O insurance coverag... Read More

This CLE course will discuss the rules for cramdown under Chapter 11 for debtors that are not proceeding under the Small Business Reorganization Act of 2019, the best strategies and practices for debtors and creditors when confirmation will involve cramdown, and current arguments for resolving valua... Read More

This CLE course will guide counsel who advise K-12 and higher educational institutions in the financial crisis. The panel will discuss legal issues when dealing with negative cash flow and uncertain economic prospects, including bankruptcy, restructuring, and funding options. The panel will also dis... Read More

This CLE course will provide counsel to lenders and creditors with a review of the intersection between bankruptcy and state foreclosure laws with respect to secured interests in personal property and commercial real estate. The panel will outline strategies to minimize risks in exercising foreclosu... Read More

This CLE course will examine bankruptcy and insolvency issues presented by the conflict between the legalized use of marijuana in many states and its treatment as an illegal controlled substance under federal law, and provide practical guidance on counseling clients in Cannabidiol (CBD), hemp, and m... Read More

This CLE course will provide strategies and practical guidance for insolvency practitioners representing non-debtors regarding executory contracts and leases with financially troubled counterparties both before and during bankruptcy proceedings. Read More

This CLE course will provide bankruptcy and insolvency counsel with a review of the Supreme Court's decision in Merit Management Group v. FTI Consulting, holding that the Sec. 546(e) safe harbor does not protect allegedly fraudulent transfers in which financial institutions served as mere conduits.... Read More

This CLE course will update practitioners on the latest challenges to leveraged buyout (LBO) transactions in bankruptcy. The panel will explain the implications of particular deal structures, review underlying legal theories of creditor challenges, and outline best practices for mitigating risk or m... Read More

This CLE course will examine the doctrines of setoff and recoupment and the issues presented in exercising those rights in bankruptcy. The panelist will discuss mutuality and other conditions which must be present to establish setoff or recoupment rights and inconsistencies in the case law as applie... Read More

This CLE course will discuss the emergence and subsequent limitation of the Trust Indenture Act (TIA) as a tool for objecting bondholders to challenge restructuring outside of bankruptcy. The program will examine the Marblegate and Caesars Entertainment cases, the Second Circuit's very recent revers... Read More

This CLE course will discuss the ability of issuers of debt to amend the governing indentures and intercreditor agreements without debtholder consent. The program will focus on the distinction between substantive and technical amendments, interpretation of relevant provisions of the intercreditor ag... Read More

This CLE course will discuss the benefits of receivership as an alternative to bankruptcy as a vehicle for financial restructuring, disposition of assets, collection of outstanding obligations and enforcement of contracts. The program will also discuss strategies for representing receivers and litig... Read More