Executory Contracts and Customer Challenges in Chapter 11 Sales

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Executory Contracts and Customer Challenges in Chapter 11 Sales

June 1, 2023

Sponsored by SC&H Capital

 SC&H Capital logo

This three-part webinar series will discuss key topics associated with chapter 11 bankruptcy sales, including understanding executory contract rejection, the role of customers in chapter 11 bankruptcy proceedings, and change of control via § 363 sales vs. plans of reorganization. These 30-minute sessions will feature timely commentary from industry leaders and will focus on what practitioners, management, investors and lenders need to know.

Session 1: Understanding Executory Contract Rejection: Damages, Valuation and Strategy

When a debtor files for bankruptcy, it has the option to reject executory contracts, or agreements under which both parties have yet to completely fulfill their obligations.

In this panel discussion, experts will explore the process of evaluating the rejection of executory contracts, particularly in cases where the debtor is considering rejecting one or more supplier contracts (vs. leases or other financial obligations of the debtor) and where the case is likely to result in a sale. We will cover:

  • the reasons why a debtor might reject a contract, and the evaluation process for making this decision;
  • the process of accessing the rejection damages to enable bid comparisons and informed planning and decision-making; and
  • how the courts rule on comparing bids that differ on rejections and damages, including the legal standards used to determine the appropriate compensation for the other party.

Whether you represent creditors or debtors, or are interested in learning more about contract rejection, this webinar will provide you with valuable insights into the complex world of bankruptcy law and real-world case studies. Join us to gain a deeper understanding of the decision-making process and potential damages involved in rejecting executory contracts.

Additional sessions to follow in August and November:

  • The Role of Customers in Chapter 11 Bankruptcy Proceedings: Understanding Whether They Are Additive to a Viable Plan or Sale; featuring panelists: Sheryl Toby, Partner at Dykema Gossett PLLC and Matthew Wilkins, Member at Brooks Wilkins Sharkey & Turco.
  • Change of Control via § 363 Sale vs. Plan of Reorganization; a panel featuring: Melissa Root, Managing Partner at Jenner & Block and Geoffrey Richards Head of Capital Structure Advisory at Raymond James.
Thursday, June 1, 2023

12:00-12:30 PM EDT

This webinar is free to attend.

William J. Rochelle,

American Bankruptcy
Alexandria, Va.

Alan Boyko
FTI Consulting, Inc.

Hon. Kevin J. Carey

Hogan Lovells

Brian Shaw
Cozen O’Connor