On-Demand   On-Demand Web Programs

Bankruptcy & Reorganizations 2018: Current Developments

Released on: May. 3, 2018
Running Time: 12:23:55

Staying abreast of the current developments in restructuring, bankruptcy and reorganizations is essential, and this advanced conference assembles a remarkable faculty of bankruptcy judges and leading practitioners who will provide you with a thorough review and analysis of hot topics and recent decisions in diverse industries, including energy. They will also cover the Supreme Court’s decisions on jurisdiction and Jevic. The faculty will review recent cases and trends that affect your practice on behalf of debtors, vendors, bondholders, lenders, diverse groups of creditors, hedge funds, committees, labor, and parties to executory contracts, structured finance deals, sales and other transactions and there will be special focus on valuation, gifting, and structured dismissals. Equip yourself with strategies, litigation tactics, and mediation and negotiation skills you can use daily.

This program is designed for a wide range of restructuring, bankruptcy, reorganization and other transactional practitioners, litigators, in-house counsel and others who are involved in restructurings and insolvency cases. A basic knowledge of defaults, the Bankruptcy Code, rules and procedures is necessary. This program will help transactional, litigation, and IP lawyers prepare for and deal with defaults, restructurings, and sales of distressed assets, and experienced lawyers will benefit greatly.

Topics Include

  • Current legal and marketplace developments
  • Wellness Int’l, Stern v. Marshall, Bellingham, and subsequent appellate cases
  • Mediation best practices; arbitration and bankruptcy conflicts
  • Jevic, Radio Shack, Caesar’s, Lehman, General Motors, Madoff, Bayou, Tousa
  • Structured and complex finance developments
  • Corporate governance and the powers and duties of DIPs and of their boards; SPEs; D&O liability, insurance and damage issues — Deepening Insolvency
  • Ethics and civility in practice
  • Controversies on sales of assets free and clear under Sections 363 and 1129 and bid procedures and protections; credit bidding (Fisker et al) - successor liability (General Motors)
  • New developments regarding unsecured and secured claims and types of interest, make whole premiums, Momentive, fee allowance, and labor and pension issues and claims
  • Professional firm bankruptcies - "Unfinished Business" case developments; Heller; Coudert
  • Defenses to voidable preference attacks, including paid and unpaid new value and § 546(e)
  • Fraudulent conveyances, LBOs and safe harbors and conduits; section 546(e), "good faith," valuation issues; in pari delicto and Ponzi issues and defenses - Tribune, Lyondell and Madoff developments
  • Executory contracts, leases and IP transactional issues — § 365(n), structuring, assumption, rejection and “ride-through”; Sunbeam; drafting for success
  • Enforcing intercreditor agreements, subordination, voting, distribution and litigation issues (Momentive)
  • International and cross-border insolvencies, inbound and outbound; Vitro

Special Feature

  • Earn one hour of Ethics credit
Lecture Topics [Total time 12:23:55]

Segments with an asterisk (*) are available only with the purchase of the entire program.

  • Opening Remarks* [00:05:06]
    Joseph Samet
  • Potpourri of Current Market Developments in Chapter 7 and 11 Business Cases – Energy Future Holdings, Momentive, Caesars, ResCap, Jevic, Madoff, et al. and Mediation [01:07:54]
    Peter L. Borowitz, Hon. Robert D. Drain, Lewis Kruger, Joseph Samet
  • Current Jurisdictional and Procedural Issues – Wellness Int’l, Stern v. Marshall, Madoff, et al. [00:57:11]
    Hon. Robert D. Drain, Benjamin Rosenblum
  • The Automatic Stay and DIP Financing [01:00:29]
    Michael L. Cook
  • Acquiring Assets from the Debtor Estate, Corporate Governance and D&O Duties and Liability [01:01:05]
    Kathryn A. Coleman, Joseph Samet
  • The Trustee’s Avoiding Powers [00:58:55]
    Michael L. Cook
  • Treatment of Claims: Allowance and Priority [01:00:30]
    Richard M. Seltzer
  • Executory Contracts; Energy Case Issues [01:00:18]
    Kyle J. Kimpler
  • Intercreditor and Subordination Agreements; Make Whole Premium [01:04:39]
    Kathryn A. Coleman, Joseph Samet, My Chi To
  • Cross-Border Insolvencies and Chapter 15 [01:02:13]
    Hon. Allan L. Gropper, Joseph Samet, Lisa M. Schweitzer
  • Ethics in Diverse Bankruptcy Practice Areas [01:01:20]
    Lewis Kruger, Michael P. Richman
  • Plan Formulation and Negotiation [00:59:12]
    Martin J. Bienenstock, Ana M. Alfonso
  • Disclosure Statements and Plan Confirmation [01:05:03]
    Martin J. Bienenstock, Ana M. Alfonso

The purchase price of this Web Program includes the following articles from the Course Handbook available online:

  • COMPLETE COURSE HANDBOOK
  • What Corporate, Transactional and Litigation Attorneys Need to Know About Defaults, Restructurings and Bankruptcy (December 2017)
    Joseph Samet
  • The Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”)
    Brian Sciubba, Lewis Kruger, Andrew P. DeNatale
  • Some More Unfinished Business About “Unfinished Business”
    Joseph Samet , Alec P. Ostrow
  • Mediation in Bankruptcy
    Joseph Samet
  • Recent Developments in Jurisdiction, Venue, Abstention, Remand, Removal, Withdrawal of the Reference, Jury Trials and Appeals (February 26, 2018)
    Benjamin Rosenblum, Peter Saba, Charles Wittman-Todd, Ryan Sims
  • The Bankruptcy Code’s Automatic Stay
    Taejin Kim, Michael L. Cook
  • Business Reorganization Financing: Use of Cash Collateral and Debtor-in-Possession Financing
    Lawrence V. Gelber, Michael L. Cook
  • Use of Break-Up and Topping Fees in Corporate, Restructuring and Bankruptcy Asset Sales
    Joseph Samet
  • Duties of Directors and Officers and Liability Issues (December 2017)
    Jacob M. Kaplan, Joseph Samet
  • Fraudulent Transfers
    Michael L. Cook
  • Preference Litigation
    Michael L. Cook
  • Claims 2018: Sections 101, 502, 503, 1113 and 1114, Bankruptcy Rule 3001
    Richard M. Seltzer
  • Executory Contracts and Leases
    Brian S. Hermann, Lauren Shumejda, Arnold M. Quittner, Kyle J. Kimpler
  • Executory Contracts 2018: Sections 1113, 1114
    Richard M. Seltzer
  • Intercreditor Disputes: A Year in Review
    My Chi To, Christopher Updike
  • Current Developments in International Insolvency Law: A United States Perspective
    Allan L. Gropper
  • The Debtors Are COMIng! The Debtors Are COMIng!: Strategic COMI Considerations in Cross-Border Restructurings (February 20, 2018)
    Lisa M. Schweitzer, Daniel J. Soltman
  • Ethics in Diverse Bankruptcy Practice Areas (PowerPoint slides)
    Michael P. Richman
  • In re Universal Building Products, Case No. 10-12453 (MFW) (Bankr. D. Del. Nov. 4, 2010)
    Michael P. Richman
  • Recent Developments Affecting Chapter 11 Cases
    Martin J. Bienenstock

Presentation Material

  • What Corporate, Transactional and Litigation Attorneys Need to Know About Defaults, Restructurings and Bankruptcy
    Joseph Samet
  • Claims 2018; 2018 Section 1113 Developments
    Richard M. Seltzer
  • Current Developments Regarding Executory Contracts
    Kyle J. Kimpler
  • An Update on Make-Whole Premiums
    Kathryn A. Coleman
  • Turnover Extracts
    My Chi To
  • Matter of MPM Silicones LLC
    Kathryn A. Coleman
  • In re Ultra Petroleum Corp
    Kathryn A. Coleman
  • In re Energy Future Holdings Corporation
    Kathryn A. Coleman
  • Ethics in Diverse Bankruptcy Practice Areas
    Michael P. Richman
Chairperson(s)
Joseph Samet ~ Baker McKenzie (Ret.)
Speaker(s)
Ana M. Alfonso ~ Willkie Farr & Gallagher LLP
Martin J. Bienenstock ~ Proskauer Rose LLP
Peter L. Borowitz ~ Mediator, Retired Partner, Debevoise & Plimpton LLP
Kathryn A. Coleman ~ Hughes Hubbard & Reed LLP
Michael L. Cook ~ Schulte Roth & Zabel LLP
Hon. Robert D. Drain ~ U.S. Bankruptcy Court, Southern District of New York
Hon. Allan L. Gropper ~ Retired Judge, U.S. Bankruptcy Court, Southern District of New York ,
Kyle J. Kimpler ~ Paul, Weiss, Rifkind, Wharton & Garrison LLP
Lewis Kruger ~ Stroock & Stroock & Lavan LLP
Michael P. Richman ~ Steinhilber Swanson LLP
Benjamin Rosenblum ~ Jones Day
Lisa M. Schweitzer ~ Cleary Gottlieb Steen & Hamilton LLP
Richard M. Seltzer ~ Cohen Weiss & Simon LLP
My Chi To ~ Debevoise & Plimpton LLP
General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.

PLI’s live and on-demand webcasts are single-user license products intended for an individual registrant only. Credit will be issued only to the individual registered.


U.S. MCLE States

Alabama:  PLI’s on-demand web programs qualify as “online” credit. Attorneys are limited to 6 credits of online programs per reporting period.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s on-demand web programs qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s on-demand web programs are not approved for Arkansas CLE credit.

California:  PLI’s on-demand web programs qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s on-demand web programs qualify as “eCLE” credit. Attorneys are limited to 12 credits of eCLE per reporting period, no more than 6 of which may be audio-only.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s on-demand web programs qualify as “in-house” credit. Attorneys are limited to 6 in-house credits per reporting period.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 15 credits of self-study per reporting period.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s on-demand web programs qualify as “distance education” credit. Attorneys are limited to 9 credits of distance education per reporting period. Effective January 1, 2019, the limit of distance education per reporting period will increase from 9 to 18 credits.

Iowa:  PLI’s on-demand web programs qualify as “unmoderated” credit. Attorneys are limited to 6 credits of unmoderated programs per reporting period.

Kansas:  PLI’s on-demand web programs qualify as “prerecorded” credit. Attorneys are limited to 6 credits of prerecorded programs per reporting period.

Kentucky:  PLI’s on-demand web programs qualify as “non-live” credit. Attorneys are limited to 6 non-live credits per reporting period.

Louisiana:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 4 credits of self-study per reporting period.

Maine:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 5.5 credits of self-study per reporting period.

Minnesota:  PLI’s on-demand web programs qualify as “on-demand” credit. Attorneys are limited to 15 on-demand credits per reporting period.

Mississippi:  PLI’s on-demand web programs qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 6 credits of self-study per reporting period.

Montana:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 5 credits of self-study per reporting period.

Nebraska:  PLI’s on-demand web programs qualify as “computer-based learning” credit. Attorneys are limited to 5 credits of computer-based learning per reporting period.

Nevada:  PLI’s on-demand web programs qualify as “self-study” credit. There is no limit to the number of credits an attorney can earn via self-study programs.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s on-demand web programs qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 4 credits of self-study per reporting period.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional on-demand web programs can be used to fulfill the requirements for New York newly admitted attorneys. Only professional practice and law practice management credits may be earned via transitional on-demand web programs. Ethics and skills credits may not be earned via on-demand web programs.

North Carolina:  PLI’s on-demand web programs qualify as “online” credit. Attorneys are limited to 6 credits of online programs per reporting period.

North Dakota:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 15 credits of self-study per reporting period.

Ohio:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Oklahoma:  PLI’s on-demand web programs qualify as “online, on-demand” credit. Attorneys are limited to 6 credits of online, on-demand programs per reporting period.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s on-demand web programs qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Puerto Rico:  All PLI products can fulfill Puerto Rico’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Rhode Island:  PLI’s on-demand web programs qualify as “video replay” credit. Attorneys are limited to 6 video replay credits per reporting period.

South Carolina:  PLI’s on-demand web programs qualify as “alternatively delivered” credit. Attorneys are limited to 6 credits of alternatively delivered programs per reporting period.

Tennessee:  PLI’s on-demand web programs qualify as “distance learning” credit. Attorneys are limited to 8 credits of distance learning per reporting period.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 10 credits of self-study per reporting period.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s on-demand web programs qualify as “pre-recorded” credit. Attorneys are limited to 8 credits of pre-recorded programs per reporting period.

Washington:  All PLI products can fulfill Washington’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

West Virginia:  PLI’s on-demand web programs qualify as “online” credit. Attorneys are limited to 12 credits of online instruction per reporting period.

Wisconsin:  PLI’s on-demand web programs qualify as “repeated, on-demand” credit. Attorneys are limited to 15 credits of repeated, on-demand programs per reporting period. No ethics credits can be earned via on-demand web programs.

Wyoming:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 6 credits of self-study per reporting period.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s on-demand web programs are not eligible for CPD-BC credit unless viewed with at least one other attorney or an articled student. In this case, the credit must be recorded as a “study group.”

Ontario (CPD-ON):  PLI’s on-demand web programs qualify as “recorded” credit. If viewed without a colleague, attorneys are limited to 6 credits of recorded programs per year. If viewed with at least one colleague, there is no limit to the number of credits that can be earned via recorded programs.

Quebec (CPD-QC):  PLI’s on-demand web programs can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s on-demand web programs are not approved for CPD-HK credit.

United Kingdom (CPD-UK):  PLI’s on-demand web programs can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s on-demand web programs may fulfill Australia’s CPD requirements. Credit limits for on-demand web programs vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Dubai (CLPD-DUBAI):  PLI’s on-demand web programs may fulfill CLPD credit requirements.


Other Credit Types

CPE Credit (NASBA):  Select on-demand web programs qualify as the “QAS Self-Study” delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

IRS Continuing Education (IRS-CE):  PLI’s on-demand web programs may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s on-demand web programs may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s on-demand web programs may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s on-demand web programs may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s on-demand web programs qualify as "self-paced" credit. SHRM professionals are limited to 30 credits of self-paced programs per recertification period.

Compliance Certification Board (CCB):  PLI’s on-demand web programs qualify as “self-study” credit. Candidates are limited to 10 self-study credits per 12-month period, and certification holders are limited to 20 self-study credits per 2-year renewal period.

Certified Anti-Money Laundering Specialists Certification (CAMS):  PLI’s on-demand web programs are not approved for CAMS credit.

New York State Social Worker Continuing Education (SW CPE):  PLI’s on-demand web programs are not approved for SW CPE credit.

American Bankers Association Professional Certification (ABA):  PLI’s on-demand web programs may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s on-demand web programs are not approved for CFP credit.

 

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“Interesting presentation, particularly getting the different viewpoints of the presenters who also serve as mediators.”


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