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Prepackaged and Prenegotiated Chapter 11 Reorganizations: Debtor and Creditor Strategies
Restructuring Support Agreements, Valuation, Credit Bidding, and More
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About the Course
Introduction
This CLE course will analyze the benefits and risks of prepackaged or prenegotiated plans for a Chapter 11 reorganization. The program will discuss the complex issues that debtors and creditors face in negotiating the plan, such as restructuring support agreements, valuation, exit financing, and credit bidding, and strategies for all parties and constituents.
Description
Prepacks can be significantly more efficient than filing a typical Chapter 11 case and negotiating a plan after filing. Debtors must carefully prepare and execute prepack strategies to achieve the desired time and cost savings without violating the Bankruptcy Code provisions concerning vote solicitation.
Like pre-packs, prenegotiated restructuring plans minimize the duration and expense of Chapter 11 cases. Prenegotiated plans might be a viable alternative if the prepack option is not achievable for the debtor.
Debtors and creditors often enter into restructuring support agreements or "lock-up" agreements regarding the plan. These agreements are the road map for the debtor's plan to exit Chapter 11 and are often contentiously negotiated.
Listen as our authoritative panel of restructuring attorneys delves into the benefits and risks for both debtors and creditors of prepackaged and prenegotiated plans to accomplish a Chapter 11 reorganization. The panel will offer strategies for all constituents in negotiating these plans. The panel will focus on issues currently heavily contested in today's environment, including restructuring support agreements, valuation, and credit bidding.
Presented By
Mr. Durrer is a member of Dentons’ Restructuring, Insolvency & Bankruptcy practice. He advises clients in restructuring matters around the Pacific Rim. Mr. Durrer's diverse practice includes representing public and private companies, major secured creditors, official and unofficial committees of unsecured creditors, investors and asset-purchasers in troubled company mergers and acquisitions, financings and restructuring transactions. His work spans industries such as financial services, retail, hospitality, gaming, real estate, entertainment, energy, healthcare, manufacturing, logistics and telecommunications. Known for his finesse and sophistication, Mr. Durrer has built strong relationships across nearly every jurisdiction, making him a trusted advisor in the most challenging restructuring matters.
Mr. Rovira advises financial institutions; private lenders and funds; and companies, owners, and management on complex in- and out-of-court restructurings, cross-border restructurings, distressed M&A, financing transactions, as well as a range of governance issues in the U.S. and around the world. His holistic approach, informed by diverse, multijurisdictional experience, helps clients effectively manage their transformational events.
Mr. Zahralddin is the Managing Partner of the Wilmington, Delaware office of QPWB and National Practice Group Leader of the Business Law and Commercial Litigation Practice Group. A highly distinguished business attorney and litigator with over 30 years of experience, Mr. Zahralddin advises a global clientele on complex matters involving corporate and commercial litigation, bankruptcy, creditors' rights and workouts, and mergers & acquisitions. He focuses his practice on international law and trade, privacy, data protection and cybersecurity, and regulatory and compliance services, including the Foreign Corrupt Practices Act (FCPA) and cannabis law, utilizing a sophisticated approach to navigate complex international and domestic landscapes. Mr. Zahralddin also provides strategic counsel on intellectual property and internet law, as well as corporate governance matters.
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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, October 30, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Introduction
II. Comparison of types of Chapter 11 cases
III. Out-of-court liability management strategies
IV. Prepackaged cases
V. Pre-negotiated cases
VI. Key differences between the plans
VII. Developments affecting strategy
A. Third party releases and Opt-Out mechanism: Purdue case study
B. Insurer considerations: Truck Insurance case study
VIII. Securities law hurdles
The panel will review these and other key issues:
- Differences between prepackaged and prenegotiated bankruptcy plans
- Benefits and disadvantages of prepackaged and prenegotiated bankruptcies for lenders and debtors
- Negotiating restructuring support agreements
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