Morrison Foerster’s Restructuring + Insolvency Group partner Doug Mannal moderated a panel discussion, “Litigation Roundup,” at ABI’s New York City Bankruptcy Conference on Tuesday, June 17, at 10:15 a.m.–11:30 a.m. EDT. The panel explored key bankruptcy litigation issues that are currently the subject of significant interest and debate, including (1) how bankruptcy courts address gerrymandering in the classification context, and how such concerns may arise in connection with liability-management transactions; (2) how debtors may attempt to effect “backdoor” estate releases through sale transactions, whereby the buyer of the assets acquires estate claims and causes of action, and whether such attempts invoke concerns of a sub rosa plan; and (3) how the standard of adequate protection should be interpreted when a debtor is using cash collateral to maintain operations as a going concern where the alternative is a potentially value-destructive chapter 7. The New York City Bankruptcy Conference is one of ABI’s largest and most prestigious events—and one of the most significant gatherings of insolvency and restructuring professionals in the New York metro area.
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