Cutting-Edge Chapter 11 Issues – 40 Years After the ’78 Reform Act

A panel discussion of lawyers with more than 100 years of bankruptcy experience, moderated by a bankruptcy judge who used to be a corporate lawyer. The panel discusses recent court decisions and focus on unique issues that can arise when a debtor seeks to sell estate property “free and clear,” including whether § 363 can be used to sell real property free of an otherwise valid lease, the debate over whether and under what circumstances a bankruptcy court may rule that a facially valid loan is really subordinated equity, and whether post-Stern bankruptcy courts have the authority to grant releases to non-debtors and, if so, under what conditions.