“This panel will discuss how to deal with the public debt and equity securities in the plan solicitation and distribution process. Topics will include (i) a general discussion of the plan solicitation process and how the bankruptcy code provisions intersect with the federal securities laws, (ii) issues of particular interest to indenture trustees and holders of notes, including issues relating to adequacy of notice, voting and solicitation concerns and an update on recent indenture-related litigation, and (iii) an overview of the complex issues that may arise during the distribution process, both to equity and bond holders, including notice, trading and payment issues.”
July 19, 2016
12:30 - 1:45 pm ET
This webinar is FREE to attend - CLE may be added for $25.
CLE is available for pre-sale only and will not be available post-webinar
Dan Besikof, Moderator Loeb & Loeb LLP
New York, NY
Debevoise & Plimpton LLP New York, NY
Patricia Casimates Financial Industry Regulatory Authority
October 7, 2016 Georgetown University Law Center • Washington, D.C.
Bankruptcy 2016: Views from the Bench offers a unique opportunity for bankruptcy practitioners to hear from 18 bankruptcy judges during a full day of high-quality CLE and networking opportunities. The theme of this year’s program is both a pragmatic and philosophical examination of the systematic and existential “threats” to the historical way the bankruptcy system has functioned, including structured dismissals, equitable mootness, gifting, successor liability, RSAs, and costs and legal fees. Is there a “shadow” bankruptcy system, prompted in part by hedge funds and equity funds, that seeks ways to dominate and expedite the process, perhaps in the name of greater efficiency? Are clients, especially in the middle market, reluctant to use the bankruptcy system because it is too expensive, with no way to appeal bad results? Should judges be using the Chapter 11 Commission Report as an agent for change by adopting its recommendations or admonishing the bar to implement the changes?
We will also reflect on the system today, and how it is functioning “on the ground.” Have parts of the process gone “over the top,” and if so, should they be re-balanced? What strategies do we need to know to practice effectively in this environment? Finally, without effective appellate relief (the equitable mootness problem), is there any way to redress this?
Two great debates will be the centerpiece. Craig Goldblatt (WilmerHale) will debate Hon. Kevin J. Carey over the use of structured dismissals, especially where the settlement is not consistent with the absolute priority rule. Hon. Robert E. Gerber (ret.) will debate William Weintraub (Goodwin Procter) on whether asset sales under § 363 should lawfully be free and clear of successor-liability claims.
The conference also features small group lunchtime breakout sessions with the morning topics’ judges and speakers, creating an interactive learning environment. We look forward to seeing you there!