Update on Section 363 of the Bankruptcy Code and Delaware Bankruptcy Court’s Decision in the Fisker Automotive Holdings Inc. Bankruptcy Case

Section 363 of the Bankruptcy code has been a topic of discussion in legal circles lately. We are joined by Henry Jaffe, a partner in Pepper’s Corporate Restructuring and Bankruptcy Practice Group, to discuss Section 363 and review the concerns of bankruptcy practitioners and participants because of the United States Bankruptcy Court for the District of Delaware’s decision in the Fisker Automotive Holdings, Inc. case, including some lessons learned from Fisker.

(Running Time: 10:29)
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Indenture Mandates That Any Credit Bid Come From Trustee

In this podcast, Pepper attorney Henry Jaffe, a partner in Pepper’s Philadelphia and Wilmington offices, and a member of the firm’s Corporate Restructuring and Bankruptcy Practice Group, discusses a recent court ruling that dealt with a creditor’s right to “credit bid” on an asset for sale in a bankruptcy case.

In the Chapter 11 bankruptcy case of Electroglas Incorporated, the court decided, the creditor’s right was compromised because the creditor is a bondholder or noteholder whose rights are subject to a trust indenture agreement. Specifically, the court ruling stated that credit bids come from the trustee, not the noteholder.

If you are interested in the latest in the world of bankruptcy, email podcasts@pepperlaw.com to subscribe to Pepper Hamilton’s Bankruptcy Update.

(Running Time: 12:10)

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Distressed M&A Outlook - Market Conditions to Produce Significant M&A Opportunities

Recently Pepper hosted a breakfast discussion that was entitled “Distressed M&A Outlook - Market Conditions to Produce Significant M&A Opportunities.”

To gain perspective on the current distressed M&A market, Pepper Hamilton and Carl Marks Advisory Group commissioned mergermarket to survey a diverse group of corporate executives, private equity practitioners, hedge fund investors and lawyers regarding the foremost issues facing distressed investors today.

Moderated by Pepper partner Jim Rosener, this podcast features the panel discussion of Todd Feinsmith, partner from Pepper Hamilton, Warren Feder, partner from Carl Marks Advisory Group and Lawrence Klaff , principal from Gordon Brothers Group as they discussed the findings of our survey on the distressed M&A market and how the landscape has changed since the survey was conducted, including the Chrysler/GM effect, the imposition of politics on the financial markets and the repercussions of CIT.

Download a copy of the PPT slides from the event.

Download a copy of the report.

(Running Time: 59:37)

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Assumption and Assignment of Executory Contracts: Lessons from Chrysler and GM

In this podcast, Bill Cohen, a partner in Pepper’s Detroit office and the immediate past chair of Pepper Hamilton’sCorporate Restructuring and Bankruptcy Practice Group, discusses executory contracts in bankruptcy and the lessons we can learn from the unique Chrysler and GM cases.

If you are interested in the latest in the world of bankruptcy, email podcasts@pepperlaw.com to subscribe to Pepper Hamilton’s Bankruptcy Update.

(Running Time: 14:25)

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Leases and Bankruptcy from a Landlord’s Perspective

In this podcast with Vicki Harding, a member of Pepper Hamilton’s Real Estate Practice Group and resident of the firm’s Detroit office, she discusses leases and bankruptcy from a landlord’s perspective, including what options are available concerning leases during a bankruptcy and what a landlord can do to protect their rights.

If you’re interested in learning more about the latest developments in Real Estate Law, email podcasts@pepperlaw.com to subscribe to Pepper Hamilton’s Real Estate Updates.

(Running Time: 9:56)

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Has the Bell Tolled for Triangular Setoffs?

In this podcast with Fran Lawall, a partner in Pepper’s Corporate Restructuring and Bankruptcy Practice Group, Fran discusses triangular setoffs and why these practices have now been called into question by the Delaware court’s decision in the In re SemCrude, L.P. case.

If you are interested in the latest in the world of bankruptcy, email podcasts@pepperlaw.com and subscribe to Pepper Hamilton’s Bankruptcy Update.

(Running Time: 7:16)

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Ten Issues to Consider Before Filing for Bankruptcy

The key to a successful Chapter Eleven case is pre-bankruptcy planning. In this podcast with Evelyn Meltzer, an attorney in Pepper’s Corporate Restructuring and Bankruptcy Practice Group, she focuses on ten issues to consider before filing for bankruptcy.

If you are interested in the latest in the world of bankruptcy, email podcasts@pepperlaw.com and subscribe to Pepper Hamilton’s Bankruptcy Update.

(Running Time: 12:07)

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Mediation in Bankruptcy: An Idea Whose Time Has Come

Over the last decade, courts and litigants have relied increasingly on various alternative dispute resolution (ADR) mechanisms. These are mechanisms that parties use to try to resolve their disputes that are alternatives to traditional litigation.

In this podcast with Henry Jaffe, a partner in Pepper’s Corporate Restructuring and Bankruptcy Practice Group, he discusses mediation in bankruptcy, including how mediations proceed and how to plan for one.

If you are interested in the latest in the world of bankruptcy, email podcasts@pepperlaw.com and subscribe to Pepper Hamilton’s Bankruptcy Update.

(Running Time: 9:28)

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Credit Derivatives and Bankruptcy

Credit derivatives are likely to have increasing application and importance in bankruptcy cases filed in the wake of the ongoing credit crunch and the decline in various economic sectors.

In this podcast, Michael Reed, a partner in Pepper’s Corporate Restructuring and Bankruptcy Practice Group, discusses credit derivatives and credit default swaps. If you are interested in the latest updates in the world of bankruptcy, email podcasts@pepperlaw.com to subscribe to Pepper Hamilton’s Bankruptcy Update.

(Running Time: 14:38)

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‘Unassumable’ Executory Contracts

Among the most valuable restructuring tools available to a chapter 11 debtor is the ability to assume or reject executory contracts pursuant to Section 365 of the Bankruptcy Code. No provision of the Bankruptcy Code requires that a chapter 11 debtor assume or reject an executory contract.

Accordingly, many courts have recognized a “no action” alternative – allowing an executory contract to “ride through” bankruptcy. In this podcast, David Fournier, a partner in Pepper’s Corporate Restructuring and Bankruptcy Practice Group, discusses how a contract can “ride through” bankruptcy and the risks associated with the process.

If you are interested in the latest in the world of bankruptcy, email podcasts@pepperlaw.com and subscribe to Pepper Hamilton’s Bankruptcy Update.

(Running Time: 10:00)

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