- videocam Live Online with Live Q&A
- calendar_month January 22, 2026 @ 1:00 p.m. ET./10:00 a.m. PT
- signal_cellular_alt Intermediate
- card_travel Bankruptcy
- schedule 90 minutes
Chapter 11 and Independent Directors: Maximizing Recovery; Challenging Conflicts; Defending Director Integrity
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Description
A significant source of assets to pay unsecured creditors in Chapter 11 could be the recovery from shareholders or other insiders for alleged self-dealing or violation of fiduciary duties. Creditors, shareholders, and secured lenders may disagree over the value and merits of this litigation, which frequently alleges insider self-dealing that contributed to the bankruptcy filing.
According to unsecured creditor constituencies, to thwart recovery efforts and suppress creditor voices, shareholders have begun adding independent bankruptcy directors before or shortly after filing Chapter 11 and then ceding to their control actions against shareholders. Proponents argue independent directors bring the efficiency and speed necessary to preserve the business.
Creditors need to know what tools are available to them to resist the actions of bankruptcy directors to protect those that violate duties to the debtor. Independent directors need to know how to properly position themselves to defend against such accusations.
Listen as this panel of experienced bankruptcy counsel discusses the phenomenon of bankruptcy directors and what strategies are available to creditors to increase their recovery.
Presented By
Mr. Handler’s practice focuses on representing lenders and bondholders across the capital structure and companies in all aspects of workout, restructuring, special situation financing matters and distressed M&A transactions. He also has significant experience in connection with investment manager and broker-dealer liquidations and wind-downs, private credit restructurings and insolvency-related structured finance matters. Mr. Handler is at the forefront of intercreditor litigation and related issues, having led significant contested matters concerning the protection of minority lender rights in litigation in New York Supreme Court.
Mr. Selbst is the co-chair of Herrick's Restructuring & Finance Litigation Department. He has more than 30 years of experience representing debtors, creditors, official committees, distressed investors and asset purchasers in bankruptcies and out-of-court restructurings. Mr. Selbst advises clients from a wide range of industries, including financial services, telecommunications, government agencies and real estate. A skilled commercial litigator, he also has significant experience in district and state courts, where he regularly represents clients in separate litigation arising out of bankruptcy. Mr. Selbst also advises clients on structured finance and derivative transactions. He is a frequent lecturer on bankruptcy and restructuring topics and has published articles and book chapters on bankruptcy-related topics. Mr. Selbst has been frequently quoted in newspaper articles on insolvency related topics and has appeared on CNBC.
Mr. Smith focuses his practice on complex corporate restructuring and creditors' rights, including in court Chapter 11 cases and out-of-court workouts. He has extensive experience representing distressed debt investors, bondholders, official and ad-hoc creditor committees, administrative and collateral agents, indenture trustees, stalking horse and other asset purchasers, trade and tort claimants, and other significant parties-in-interest in a variety of jurisdictions across the United States. Additionally, Mr. Smith has experience with the structuring, negotiating and documenting of complex real estate finance transactions, including mortgage, construction, leverage and mezzanine lending. He is also experienced in the analysis of true sale, non-consolidation, and bankruptcy remoteness principles in opinion and related contexts and has lectured on the topic on numerous occasions.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Thursday, January 22, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
Outline
I. The emergence of "independent" directors
A. Before filing
B. After filing
II. Arguments in favor of independent directors
III. Conflicts of interest
IV. Creditor and committee responses
V. Recent cases
Benefits
The panel will review these and other critical issues:
- What makes a director truly "independent"?
- What showing should bankruptcy courts require before deferring to the debtor board's decisions on investigations and avoidance actions?
- How can creditors and committees enhance recovery for creditors?
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Chapter 11 and Independent Directors: Maximizing Recovery; Challenging Conflicts; Defending Director Integrity
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