American Bankruptcy Institute: Northeast Conference
“Sub Rosa Plans”: Their Impact in, and Provision of a Potential Alternate Exit Strategy from, Chapter 11
Date: July 15, 2016
Time: 9:30AM - 10:45AM
Location: Omni Mount Washington Resort, Bretton Woods, N.H.
Adrienne Walker will be moderating a panel entitled “Sub Rosa Plans”: Their Impact in, and Provision of a Potential Alternate Exit Strategy from, Chapter 11, at American Bankruptcy Institute: Northeast Conference.
This program will explore the boundaries of the sub rosa plan doctrine in a variety of contexts potentially arising in chapter 11 cases. The focus will be on efforts to resolve the relationship of the debtor to all or many of its creditor constituencies and equity-holders that arguably deviate from the priority and procedural schemes of the Bankruptcy Code. Included among the areas examined will be (1) secured creditor/acquirer carve-out and/or gifting agreements, (2) structured dismissals following § 363 sales, (3) settlements of significant or global controversies, (4) lock-up and plan-support agreements, and (5) significant distribution or settlement arrangements made in the context of DIP financing or asset sales made jointly with nondebtor parties.
Adrienne K. Walker, Moderator
Mintz.; Boston
Panelists:
Christopher M. Candon
Sheehan Phinney Bass + Green PA; Manchester, N.H.
Hon. Edward A. Godoy
U.S. Bankruptcy Court (D. P.R.); San Juan
William R. Moorman, Jr.
Partridge Snow & Hahn LLP; Boston