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September 20 Audioconference: Carve-Out Agreements: Latest Status and Strategies to Protect Your Claims

12:00 p.m. - 2:00 p.m.
September 20, 2007

Carve-out agreements that benefit unsecured creditors – often at the expense of secured creditors – are becoming more common, but still remain controversial and contentious.

Are carve-outs here to stay? Why do courts continue to approve them when many believe they violate the spirit, if not the law, of the Bankruptcy Code?

This interactive audioconference, presented by Schwartz Cooper bankruptcy attorneys Rick Bendix and David Beker, includes written materials and the opportunity to discuss:

  • Carve-out agreements – what they are and how they've evolved
  • Challenges and settlements available to creditors’ committees
  • Provisions for bypassing priority creditors
  • Validity of carve-out agreements: SMP Manufacturing and its progeny
  • Flaws and unresolved issues in decisions approving SMP carve-out agreements
  • Limitations on carve-out agreements
  • Practical problems implementing carve-outs
  • Who distributes funds after a Chapter 11 case is converted to Chapter 7?
  • Distribution of carve-out funds under a Chapter 11 plan of reorganization – will the courts confirm a plan that doesn’t pay senior claims in full?
  • Strategies for today’s secured and unsecured creditors

This audioconference is hosted by The Beard Group Law and Business Publishers and The Troubled Company Reporter. To register please click here

If you are unable to attend this conference but would like a copy of the presentation materials please click here.

Continuing Legal Education Credit:

This presentation is accredited for 1.50 MCLEs in California, Texas and Tennessee. New York State has reciprocity with California. For non-attorneys and attorneys practicing in other states, Certificates of Attendance are available upon request.