Chapter 11 Hot Topics: Creditor's Rights, Bankruptcy Litigation and Mediation

Join Baker Hostetler practitioners Marc Hirschfield and Ferve Ozturk as they discuss developments in chapter 11 bankruptcy concerning creditors’ rights and issues in bankruptcy litigation and mediation, including preferences and fraudulent transfers.

Specifically, this program explores directors & officers insurance, section 363 sales, assignment of contracts with the debtor (such as intellectual property contracts), pre-bankruptcy planning for dealings with distressed entities, the new value exception, recharacterization, and unique intellectual property and tax issues raised in bankruptcy litigation. Additionally, this program covers unique issues involved in mediating a litigation dispute in a chapter 11 bankruptcy, selecting a mediator, and techniques for an effective mediation.

Learning Objectives:

I.     Develop a working understanding of creditors’ rights, litigation and mediation in Chapter 11

II.    Explore recent caselaw providing guidance on these creditors’ rights, litigation and mediation in Chapter 11

III.   Assess areas for future legal development on these topics