Chapter 11 Hot Topics: Energy, Retail and Financial Services Industries

Join practitioners Marc Hirschfield of Royer Cooper Cohen Braunfeld LLC and Ferve Ozturk of Baker Hostetler as they discuss cutting-edge issues in the energy, retail and financial services industries.

Topics within the energy sector include the Energy Future Holdings Chapter 11 case and other major energy sector cases; the state of market; the role of activist bondholders in bankruptcy cases; whether oil and gas interests are property of the estate; whether conveyances of oil and gas interests are unexpired leases or executory contracts; whether certain production payments should be treated as disguised financings or grants of property; and the role of state law differences.

Topics within the retail sector include reclamation claims and other trade creditor issues; assignments of rent and property of the estate; maximizing value in sale and auction processes; special provisions applicable to “shopping centers” regarding assignment of non-residential leases of real property; and bank and secured lender control of bankruptcy process.

Topics to explore in the financial services sector include lessons from the Lehman Brothers case; living wills; and legislative developments for systematically-important banks.

Learning Objectives: 

I.     Develop an understanding of energy, retail and financial services markets

II.    Understand unique issues of Chapter 11 cases in these industries

III.   Assess areas for future development of bankruptcy law in these industries