It’s Never Really Over, Even When It’s Over: Analyzing The Limits Of Bankruptcy Jurisdiction
Wednesday, November 28
Hosted by the Young & New Members Committee
Although Congress expanded the power of the bankruptcy courts to decide matters that were “related to” bankruptcy cases four decades ago, the United States Supreme Court’s decisions in Stern and Wellness have created uncertainty about bankruptcy court jurisdiction with which lower courts still struggle, and any litigator handling ancillary matters that relate to bankruptcy estates must understand and analyze jurisdictional strategies for the benefit of their clients. The webinar's panelists will discuss key issues regarding the limitations of bankruptcy jurisdiction, which may include frequently litigated issues concerning “related to” jurisdiction, consent for the bankruptcy court to issue final orders, the bankruptcy court’s power to enjoin litigation against nondebtors, the impact of jury demands, standards and strategies in withdrawing the reference of matters from the district court, and issues concerning the appellate process. Recent case of interest will be discussed.
WEDNESDAY, November 28
1 - 2:15 pm ET
This webinar is free to attend and CLE is available in qualifying states.*
Speakers
Ethan J. Birnberg
Ballard Spahr LLP
Jeffrey C. Krause
Gibson, Dunn & Crutcher LLP
Joel Alan Gaffney
William F. Davis & Associates, PC
*1 hour of general CLE credit is available in the following pre-approved 60-minute-hour and 50-minute-hour states: AK, AL, AR, CA, DE, GA, IL, MO, NJ, PA, SC, TN, TX, VT, WI and WV. These states follow an approved jurisdiction policy: AZ, CO, CT, NH, NY. ABI will submit attendance to DE, IL, PA, TN and TX; for the remaining jurisdictions, attorneys will need to self-submit. For those jurisdictions not listed, ABI will issue certificates for attorneys to self-submit for approval. ABI charges an administrative fee of $5 for Members and $25 for non-members upon requesting CLE credit for this program.
Further details will be provided the day of the event.
New Developments in Rights Offerings and Backstop Purchaser Incentives
November 6, 1-2:15 pm ET
Hosted by the Business Reorganization Committee
For many chapter 11 debtors, the issuance of new debt and/or equity pursuant to a rights offering is a useful tool to ensure that the reorganized company will have sufficient liquidity upon emergence. In most cases, the ability to subscribe to all or a portion of a rights offering will be awarded to stakeholders on account of their claims or interests. However, a key component of a rights offering is a backstop commitment, which is often open only to a small subset of self-selected stakeholders (the “Backstop Parties”). In exchange for providing the backstop commitment, these Backstop Parties typically receive a separate commitment fee and/or break-up fee, which is often crucial to securing their commitment. The compensation offered to Backstop Parties was at issue in recent decisions in a number of cases, such as Seadrill, Pacific Drilling, Claire’s, Peabody, and CHC Helicopters. Non-backstopping stakeholders have challenged the compensation offered to Backstop Parties on a variety of grounds, including that the proposed fees are unreasonable or unnecessary to the reorganization, or give rise to disparate treatment among creditors in violation of the Bankruptcy Code. This webinar will review the recent decisions, the factors considered by courts in approving compensation for Backstop Parties, and potential alternative ways of structuring rights offerings and the compensation for Backstop Parties.
Tuesday, November 6
1 - 2:15 pm ET
This webinar is free to attend and CLE is available in qualifying states.*
SPEAKERS
Rachael Ringer
Kramer Levin Naftalis & Frankel LLP
Justin E. Rawlins
Winston & Strawn, LLP
Douglas Mannal
Kramer Levin Naftalis & Frankel LLP
*1 hour of general CLE credit is available in the following pre-approved 60-minute-hour and 50-minute-hour states: AK, AL, AR, CA, DE, GA, IL, MO, NJ, PA, SC, TN, TX, VT, WI and WV. These states follow an approved jurisdiction policy: AZ, CO, CT, NH, NY. ABI will submit attendance to DE, IL, PA, TN and TX; for the remaining jurisdictions, attorneys will need to self-submit. For those jurisdictions not listed, ABI will issue certificates for attorneys to self-submit for approval. ABI charges an administrative fee of $5 for Members and $25 for non-members upon requesting CLE credit for this program.
Further details will be provided the day of the event.
Hot Issues in the Ongoing Third Party Release Debates
Tuesday, November 20, 2018
Hosted by the Business Reorganization & Unsecured Trade Creditors Committees
This webinar will discuss various issues and recent developments regarding releases of non-debtors under chapter 11 plans. Issues for discussion will include differences among the Circuits regarding the availability of and standards applicable to such releases, potential jurisdictional and constitutional considerations regarding such releases, possible differences between chapter 11 and chapter 9 regarding this issue, the permissibility of using an “opt-out” approach for plan releases, and potential implications of the ever-broader definitional provisions delineating the scope of such releases.
Tuesday, November 20
2 - 3:15 pm ET
This webinar is free to attend and CLE is available in qualifying states.*
SPEAKERS
J. LELAND MURPHREE
Maynard Cooper & Gale, PC
WHITMAN L. HOLT
Klee, Tuchin, Bogdanoff & Stern LLP
METTE H. KURTH
Fox Rothschild LLP
*1 hour of general CLE credit is available in the following pre-approved 60-minute-hour and 50-minute-hour states: AK, AL, AR, CA, DE, GA, IL, MO, NJ, PA, SC, TN, TX, VT, WI and WV. These states follow an approved jurisdiction policy: AZ, CO, CT, NH, NY. ABI will submit attendance to DE, IL, PA, TN and TX; for the remaining jurisdictions, attorneys will need to self-submit. For those jurisdictions not listed, ABI will issue certificates for attorneys to self-submit for approval. ABI charges an administrative fee of $5 for Members and $25 for non-members upon requesting CLE credit for this program.
Further details will be provided the day of the event.