Examiners and Select Plan Confirmation Issues
Issues to be discussed include:
1.Examiner Issues including when directors and officers may be liable for restructuring, made especially relevant in In re Dynegy Holdings, and the Examiner's Report issued on March 9, 2012. Other cases to be discussed include Lyondell Chemical Co., Washington Mutual, Lehman Brothers.
2.Select Plan Confirmation Issues including:
a. Competing plans, noteholder classification, enforceability of inter-creditor agreements, made relevant in Tribune.
b. Elimination of junior liens and valuation issues at plan confirmation, made relevant by the Third Circuit’s recent decision in Heritage Highgate Inc.
Joshua T. Klein
Partner, Fox Rothschild LLP
Eric D. Winston
Quinn Emanuel Urquhart & Sullivan LLP; Los Angeles
David M. LeMay
Chadbourne & Parke LLP; New York
W. Joshua Brant
Cadwalader, Wickersham & Taft LLP; New York