Bankruptcy Reorganization: When the Debtor Defaults Under a Confirmed Plan and Other Post-Confirmation Issues
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Bankruptcy
- event Date
Wednesday, July 14, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will discuss what happens after confirmation and what happens when a debtor defaults under a plan of reorganization, whether confirmed under the regular provisions of Chapter 11 or new Subchapter V. The program will review the impact of confirmation on critical issues, the use of post-confirmation entities to implement the plan, the remedies available on default, and how creditors can and must be protected under the new provisions of Subchapter V.
Mr. Jones' practice involves primarily consumer bankruptcy work, as well as related consumer protection matters, and criminal defense. He is a member of the National Association of Consumer Bankruptcy Attorneys.
Ms. Primrose represents debtors, lenders, investors, and creditors in a broad range of restructuring matters, including Chapter 11 cases, out-of-court restructurings, and bankruptcy-related acquisitions. In addition, she represents litigants in contested matters, adversary proceedings, federal court appeals, and other bankruptcy and insolvency litigation. Ms. Primrose's practice spans a number of industries including energy, healthcare, technology, manufacturing, retail, real estate, restaurant, and hospitality.
Mr. Jordan is a counsel in the Financial Restructuring practice in King & Spalding's Atlanta office. His practice focuses on representation of commercial debtors and creditors in workouts, restructurings, bankruptcy cases, foreclosure proceedings, and commercial litigation. Mr. Jordan has represented parties to foreign insolvency proceedings as well as senior secured and unsecured creditors, and has lectured on foreclosure proceedings under the Uniform Commercial Code and landlord-tenant rights.
To confirm a Chapter 11 plan, the business debtor must convince creditors that it can meet the obligations of the reorganization plan and that it isn't likely to liquidate or undergo further financial reorganization after confirmation. Despite the best forecasting, unforeseen events occur or the debtor may promise more than it can deliver.
When this happens, creditors need to understand what happens and the available options and the consequences of those options, as well as the bankruptcy court's post-confirmation jurisdiction.
The case might be converted to Chapter 7 or the plan could be modified. Special issues would arise under new Subchapter V if the plan was not consensual. The Subchapter V plan must contain some protection for impaired creditors if the debtor does not perform.
Listen as this experienced panel reviews the issues involved in implementing the plan and what happens when a debtor defaults under a reorganization plan, whether confirmed under the regular provisions of Chapter 11 or new Subchapter V.
- Impact of confirmation under Chapter 11 and Subchapter V
- Use of post-confirmation entities
- Remedies for defaults under the confirmed plan
- Protecting non-consenting creditors under Subchapter V
The panel will review these and other important issues:
- How are creditors protected if the debtor defaults?
- What pre-confirmation decisions can be reversed, and which ones are final?
- Is a reservation of jurisdiction by the bankruptcy court relevant to post-confirmation jurisdiction in the confirmation order?
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