Session 1: Wanting a Seat at the Table: The Rise of Equity Committees - Existing equity holders of Chapter 11 debtors are increasingly requesting appointment of official committees of equity holders pursuant to section 1102 of the Bankruptcy Code. Examine the standard for appointment and role of equity committees, recent cases in which courts have granted and denied requests for appointment of an equity committee, and whether equity committees enhance shareholder recoveries in Chapter 11 cases.
Session 2: Planning on Staying? - Post-confirmation subject matter jurisdiction may well depend on how you draft your plan. Hear practice tips on how to avoid pitfalls.
Session 3: Chapter Five versus the Securities Markets—the Scope of Section 546(e) - Join counsel for the Respondent and the Petitioner respectively, as they discuss the briefing, arguments, and implications of the U.S. Supreme Court’s consideration (and perhaps decision) of the scope of the Section 546(e) safe harbor in Merit Management Group v. FTI Consulting.
Session 4: Business Bankruptcy / Pre-Planning Pitfalls - What steps should a company take or not take prior to a bankruptcy filing? Listen to a discussion about several topics around this question, including ethical considerations that often come into play.
Session 5: The Implications of Jevic on Business Bankruptcy Cases - More on Jevic and structured dismissals. Why? Because when the Supreme Court speaks once, we need to listen twice.
Session 6: Jevic Follow Up—Structured Dismissals and Gifting Cases - In Jevic, the Supreme Court held that a settlement incorporated in a structured dismissal of a Chapter 11 case could not violate the priority rules of the bankruptcy code. Most structured dismissals that violate the bankruptcy code's priority rules, however, are approved on the theory that the priority-skipping payments are gifts. Explore whether practitioners are trying to avoid the code's priorities using gifting theories, notwithstanding Jevic, and are they having success?
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Total Credit Hours:
3.50 | 0.50 ethics
TX MCLE credit expires: