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Chapter 11 Plan Third-Party Release Provisions: Structuring or Objecting to Non-Debtor Rel...
November 10, 2021 CLE Live Webinar

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

Chapter 11 Treatment of Executive Compensation and Bonuses
Structuring Approvable KEIPs and KERPs, Surviving Objections
November 17, 2021 CLE Live Webinar

This CLE webinar is about key employee incentive plans (KEIPs), key 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... Read More

Cramdown of Subordination Rights After In re Tribune: The Interplay Between 11 U.S.C. 510(...
October 20, 2021 CLE CLE On-Demand, Download

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

Executory Contract Rejection in Bankruptcy: Leveraging the Rights of Contract Counterparti...
September 9, 2021 CLE CLE On-Demand, Download

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

Cram Up Under Chapter 11: Overcoming Objections From Dissenting Secured Lenders
July 28, 2021 CLE CLE On-Demand, Download

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

Bankruptcy Reorganization: When the Debtor Defaults Under a Confirmed Plan and Other Post-...
July 14, 2021 CLE CLE On-Demand, Download

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

Prepackaged and Prenegotiated Chapter 11 Reorganizations: Debtor and Creditor Strategies
Restructuring Support Agreements, Valuation, Credit Bidding, and More
June 23, 2021 CLE CLE On-Demand, Download

This CLE course will analyze the benefits and risks to a company for using a prepackaged or a prenegotiated plan for a Chapter 11 reorganization. The program will discuss the complex issues that debtors and creditors face in negotiating the plan, such as restructuring support agreements, valuation a... Read More

Overturning Adverse Bankruptcy Decisions: Bankruptcy Appellate Rules, Flexible Finality, M...
June 2, 2021 CLE CLE On-Demand, Download

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

Subchapter V Reorganization: Plan Contents, Confirmation, Cramdown, and Discharge
May 12, 2021 CLE CLE On-Demand, Download

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

Evolving Real Estate Issues in Reorganizations: Opportunities and Strategies for Owners, L...
March 24, 2021 CLE CLE On-Demand, Download

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

Retail and Restaurant Bankruptcies: Current Issues for Debtors, Landlords, and Vendors
Assumption or Rejection of Leases, Franchise Agreements, Gift Cards, Consignment Rights, a...
February 17, 2021 CLE CLE On-Demand, Download

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

Bankruptcy Committees: Strategies to Maximize Distribution to All Creditors
DIP/Cash Collateral Challenges, Ensuring Adequate Disclosures, Opposing Incentive Programs...
February 10, 2021 CLE CLE On-Demand, Download

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, and ad hoc committees provide creditor groups that shar... Read More

D&O Indemnity Claims in Bankruptcy: Navigating Third-Party Suits, Chapter 11, and D&O Insu...
January 26, 2021 CLE CLE On-Demand, Download

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

Small Business Reorganization Act: Chapter 11 Procedures for Small Business Bankruptcies
January 7, 2021 CLE CLE On-Demand, Download

This CLE course will examine the new Small Business Reorganization Act of 2019 (SBRA) after almost one year, and its ramifications for small businesses under Chapter 11. The panel discussion will include the CARES Act's effect on eligibility, the streamlined reorganization procedures outlined in the... Read More

Bankruptcy Restructuring Support Agreements: Drafting Strategies to Avoid Expensive Confir...
November 19, 2020 CLE CLE On-Demand, Download

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

Navigating D&O Fiduciary Duties in the Zone of Insolvency
Avoiding and Defending Fiduciary Duty Claims and Maximizing D&O Insurance Coverage
November 5, 2020 CLE CLE On-Demand, Download

This CLE course will provide bankruptcy counsel with a review of fiduciary duties of loyalty and due care owed by directors and officers to the corporation and shareholders as a company heads into insolvency and when those duties may be enforced by creditors. The webinar will offer strategies to avo... Read More

Leveraging Secured Lender Bankruptcy Cramdown Rules and Related Valuation Issues
July 8, 2020 CLE CLE On-Demand, Download

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

Financially Distressed Educational Institutions and Bankruptcy: Options for K-12, Higher E...
June 17, 2020 CLE CLE On-Demand, Download

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

Partnership and LLC Bankruptcies: Unique Legal Issues and Recent Case Law Developments
April 1, 2020 CLE CLE On-Demand, Download

This CLE course will provide practitioners with an analysis of some of the unique issues that arise in the bankruptcies of partnerships and LLC entities and their partners or members. The panel will address topics in recent partnership bankruptcy cases, as well as how courts cope with the lack of sp... Read More

Intersection of Bankruptcy and State Foreclosure Laws
Protecting Foreclosure Remedies and Overcoming Bankruptcy Pitfalls When Dealing With Distr...
February 19, 2020 CLE CLE On-Demand, Download

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

Bankruptcy Issues in the Cannabis Industry: Strategies Under State and Federal Law for Mar...
State-Appointed and Private Receiverships, Alternative Restructurings, Assignments for the...
November 13, 2019 CLE CLE On-Demand, Download

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

Bankruptcy Section 1111(b)(2) Elections, Plan Feasibility and Cramdown Interest Rate Compl...
Navigating Advantages for Secured Lenders and Potential Traps for Debtors
August 13, 2019 CLE CLE On-Demand, Download

This CLE course will provide counsel with a review of Section 1111(b)(2) election for secured lenders and the impact of the election on cramdown strategies. The program will also discuss cramdown interest rates and the impact rates have on cramdown strategies. Read More

Power Purchase Agreements in Bankruptcy: Competing Interests Under the Bankruptcy Code and...
June 25, 2019 CLE CLE On-Demand, Download

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

Executory Contracts and Leases in Bankruptcy: Strategies for Non-Debtors
Anticipating Insolvency; Drafting and Transactional Issues; Pre- and Post-Petition Options...
April 2, 2019 CLE CLE On-Demand, Download

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

Fraudulent Transfer Claims After Merit Management v. FTI: Implications for Safe Harbor Lit...
January 29, 2019 CLE CLE On-Demand, Download

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

LBO Transactions in Bankruptcy: Fraudulent Transfer Issues for Lenders, Equity Purchasers,...
Impact of Merit Management and Other Recent Case Law
May 31, 2018 CLE CLE On-Demand, Download

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

Exercising Setoff and Recoupment Rights in Bankruptcy
Mutuality of Obligation; Disputed Transactions; Relief From Automatic Stay
November 21, 2017 CLE CLE On-Demand, Download

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

Trust Indenture Act and Involuntary Restructurings: Impact of Marblegate and Caesars Bankr...
Navigating Obligor and Bondholder Rights, Implications for the 144A-for-Life Market
April 25, 2017 CLE CLE On-Demand, Download

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

Debt Restructuring and Indenture Amendments: Curing Ambiguities, Navigating Competing Inte...
Lessons From GSO Coastline Credit Partners v. Global A&T Electronics
September 22, 2016 CLE CLE On-Demand, Download

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

Leveraging Receivership as a Bankruptcy Alternative: Financial Restructuring, Disposition...
Representing Receivers and Litigating With Receivers in Federal and State Court
August 23, 2016 CLE CLE On-Demand, Download

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

Creditors' Committees: Navigating Disclosures, Fiduciary Duties, Attorney-Client Privileg...
October 8, 2015 CLE CLE On-Demand, Download

This CLE course will discuss the characteristics of official, unofficial and ad hoc creditor committees in Chapter 11 bankruptcy proceedings, including committee structure, rights and obligation, advantages and pitfalls. The panel will examine recent legal developments impacting some of the most-con... Read More

Bankruptcy Plan Confirmation Challenges: New Value, Vote Changes, Third-Party Guaranties,...
Recent Updates on Key Issues for Obtaining Plan Approval or Objecting to a Plan
November 18, 2014 CLE CLE On-Demand, Download

This CLE course will discuss recent developments in plan confirmation issues, including whether a plan that offers new value from an insider can be confirmed without an auction process, the effect of third-party guarantees, whether creditor must have "good cause" to change a plan vote, and the selec... Read More

Individual Chapter 11 Cases and the Absolute Priority Rule: Latest Developments
Navigating Divergent Court Interpretations of the Rule and Impact on Filings by Individual...
May 21, 2013 CLE CLE On-Demand, Download

This CLE course 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... Read More

Chapter 11: Handling the Individual Debtor Case
Debtor and Creditor Challenges With Post-Petition Income, Estate Property, Plan Confirmati...
August 7, 2012 CLE CLE On-Demand, Download

This CLE course will compare Chapter 13 and 11 filings for individuals; review the unique issues that apply in individual Chapter 11 cases, such as the debtor's post-petition income, estate property, and living expenses; and outline attorney-client privilege and ethical complexities inherent in thes... Read More

Proving or Contesting Debtor Insolvency Under the Balance Sheet Test
Analyzing Insolvency in Preference and Fraudulent Transfer Litigation
May 10, 2012 CLE CLE On-Demand, Download

This CLE course will provide bankruptcy counsel with an examination of the issue of debtor insolvency in avoidance actions and fraudulent transfers. The panel will outline the various issues that arise in proving insolvency under the balance sheet test and evidentiary issues such as records and use... Read More

Executory Contracts in Bankruptcy: Navigating the Legal Ambiguities
Best Practices for Debtors and Creditors in Assuming or Rejecting Contracts
March 1, 2012 CLE CLE On-Demand, Download

This CLE course will prepare bankruptcy counsel to navigate the complex rules to determine whether a contract in a bankruptcy proceeding is executory. The panel will also discuss whether contracts fit within any "special" categories of executory contracts and how the contracts will be treated throug... Read More