A live 90-minute CLE webinar with interactive Q&A.
This CLE webinar will provide counsel with a drill down on the disposition of estate assets, structured dismissals of Chapter 11 cases after an asset sale, the benefits of structured dismissals for debtors and creditors, conditions and provisions of dismissal orders, applicable Bankruptcy Code sections, and key objections to structured dismissals.
With increasing frequency, Chapter 11 debtors are looking at structured dismissals as a viable exit strategy in lieu of confirming a liquidating plan or Chapter 7 conversion.
Structured dismissals are beneficial for debtors that have disposed of assets outside of a plan, but are administratively insolvent. This strategy can also benefit a debtor that has disposed of its assets in a Section 363 sale and can fund a liquidation plan, but it would significantly reduce funds available for creditors.
Opponents of structured dismissals contend they violate the Bankruptcy Code as impermissible sub rosa plans. Others object to the inclusion of releases and exculpation provisions in dismissal orders. While most structured dismissal orders that have been approved were mutually consensual, there is little case law addressing contested dismissals.
Listen as our authoritative panel of bankruptcy attorneys discusses recent trends in disposition of estate assets, structured dismissals of Chapter 11 cases, applicable Bankruptcy Code sections, conditions and provisions of dismissal orders, and key objections to structured dismissals.
The panel will review these and other key issues:
Jay R. Indyke, Partner
Cooley, New York
Mr. Indyke’s practice is concentrated in the area of creditor’s rights and bankruptcy. He has represented official creditors’ committees in Chapter 11 bankruptcy proceedings in over 40 states and has also represented unofficial creditors’ committees in out of court workouts and composition agreements in many industries, including apparel, media, sporting goods, electronics, textiles, clean technology, footwear, food service, furniture, toys and healthcare. He has also represented purchasers of significant assets in several different industries.
Mr. Lichtenstein practices in the areas of workouts, bankruptcy litigation, and commercial litigation. His practice includes retention as an expert witness, representation of financial institutions, creditors’ committees, creditors, landlords, debtors and equity holders in Chapter 11 proceedings in more than ten states and in commercial litigation in state and federal courts. He has also represented companies in a variety of industries in the purchase and sale of assets in bankruptcy proceedings.
David M. Posner, Partner
Kilpatrick Townsend & Stockton, New York
Mr. Posner maintains a national practice representing companies, creditors’ committees, Chapter 11 trustees, acquirers, financial institutions, and other significant parties in interest in complex reorganizations and financially distressed situations as well as debtor/creditor rights and commercial litigation, both in and out of court. In addition, Mr. Posner has substantial litigation experience representing both plaintiffs and defendants in complex commercial litigation inside the context of complex reorganization cases and in state and federal courts around the country.
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