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Current Issues in Business Bankruptcy: Recidivist Debtors, Rights Offerings, the Retail Crisis, and more

Contains material from Dec 2019

Current Issues in Business Bankruptcy: Recidivist Debtors, Rights Offerings, the Retail Crisis, and more
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Session 1: Recidivist Debtors: Chapter 22s of Oil and Gas Business Debtors. Why Is it Happening Now? - A discussion about the recent influx of repeat chapter 11 debtors, factors causing distress in the oil and gas industry, and best practices in chapter 22 cases.

Session 2: Modifying Labor and Retirement Obligations in Bankruptcy - Hear how companies may use sections 1113 and 1114 of the Bankruptcy Code to modify labor, retiree and other employee “legacy” obligations in chapter 11. The panelists, who have represented companies and other creditors in bankruptcy cases involving these topics as counsel and investment banker, share lessons learned from recent transactions.

Session 3: Rights Offerings - Use and Impact - Rights offerings are often consummated in complex chapter 11 cases to raise equity upon exiting bankruptcy. While rights offerings are beneficial to the debtor and often non-controversial, issues can emerge in terms of opportunity to participate, fees charged, and impact on non-participating parties.

Session 4: Beyond E-Commerce: Root Causes of the Retail Crisis - Examine the drivers of the recent turmoil in the retail industry. How much worse can it get and how long will it continue?

Session 5: Utilizing and Interpreting Make Whole Provisions, including Practical Lessons for Deal Structure - A discussion of make whole provisions including a primer on what they are and their intended purpose, an overview of their interpretation under various states’ laws, and consideration of how to successfully utilize them in the event of a bankruptcy.

Includes: Video Audio Paper Slides


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1. Recidivist Debtors: Chapter 22s of Oil and Gas Business Debtors. Why Is it Happening Now? (Dec 2019)

Kyung S. Lee, J.P. Hanson, Shari L. Heyen, John T. Young Jr.

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(mp4)
46 mins
(mp3)
46 mins
(pdf)
49 pgs
Session 1 —46 mins
Recidivist Debtors: Chapter 22s of Oil and Gas Business Debtors. Why Is it Happening Now? (Dec 2019)

Discuss the recent influx of repeat chapter 11 debtors, factors causing distress in the oil and gas industry, and best practices in chapter 22 cases.

Originally presented: Nov 2019 Bankruptcy Conference

Kyung S. Lee, Kyung S. Lee PLLC - Houston, TX
J.P. Hanson, Houlihan Lokey - Houston, TX
Shari L. Heyen, Greenberg Traurig, LLP - Houston, TX
John T. Young Jr., Conway Mackenzie, Inc. - Houston, TX

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2. Modifying Labor and Retirement Obligations in Bankruptcy (Dec 2019)

Steven W. Bremer, Gregory F. Pesce, Michael B. Slade

0.75 0.00 0.00
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(mp4)
43 mins
(mp3)
42 mins
(pdf)
38 pgs
Session 2 —43 mins
Modifying Labor and Retirement Obligations in Bankruptcy (Dec 2019)

Hear how companies may use sections 1113 and 1114 of the Bankruptcy Code to modify labor, retiree and other employee “legacy” obligations in chapter 11. The panelists, who have represented companies and other creditors in bankruptcy cases involving these topics as counsel and investment banker, will share lessons learned from recent transactions.  

Originally presented: Nov 2019 Bankruptcy Conference

Steven W. Bremer, Centerview Partners LLC - New York, NY
Gregory F. Pesce, Kirkland & Ellis LLP - Chicago, IL
Michael B. Slade, Kirkland & Ellis LLP - Chicago, IL

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3. Rights Offerings - Use and Impact (Dec 2019)

Kelli S. Norfleet, William L. Wallander

0.50 0.25 0.00
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(mp4)
28 mins
(mp3)
27 mins
(pdf)
13 pgs
Session 3 —28 mins
Rights Offerings - Use and Impact (Dec 2019)

Rights offerings are often consummated in complex chapter 11 cases to raise equity upon exiting bankruptcy. While rights offerings are beneficial to the debtor and often non-controversial, issues can emerge in terms of opportunity to participate, fees charged, and impact on non-participating parties.

Originally presented: Nov 2019 Bankruptcy Conference

Kelli S. Norfleet, Haynes and Boone, LLP - Houston, TX
William L. Wallander, Vinson & Elkins LLP - Dallas, TX

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4. Beyond E-Commerce: Root Causes of the Retail Crisis (Dec 2019)

Gabriel Morgan, Kent Percy

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(mp4)
31 mins
(mp3)
31 mins
(pdf)
32 pgs
Session 4 —31 mins
Beyond E-Commerce: Root Causes of the Retail Crisis (Dec 2019)

Examine the drivers of the recent turmoil in the retail industry. How much worse can it get and how long will it continue?

Originally presented: Nov 2019 Bankruptcy Conference

Gabriel Morgan, Weil, Gotshal & Manges LLP - New York, NY
Kent Percy, AlixPartners LLP - New York, NY

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5. Utilizing and Interpreting Make Whole Provisions, including Practical Lessons for Deal Structure (Dec 2019)

Sean B. Davis, Joseph Denham

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(mp4)
32 mins
(mp3)
32 mins
(pdf)
9 pgs
(pdf)
8 pgs
Session 5 —32 mins
Utilizing and Interpreting Make Whole Provisions, including Practical Lessons for Deal Structure (Dec 2019)

A discussion of make whole provisions including a primer on what they are and their intended purpose, an overview of their interpretation under various states’ laws, and consideration of how to successfully utilize them in the event of a bankruptcy.

Originally presented: Nov 2019 Bankruptcy Conference

Sean B. Davis, Winstead PC - Houston, TX
Joseph Denham, TRS Advisors - New York, NY