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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New Light Shed by Fourth Circuit on Bankruptcy ‘Safe Harbors' for Commodity Forward Contracts
Gregg Miller, a partner in Pepper Hamilton’s Corporate Restructuring and Bankruptcy Practice Group, recently authored an article titled “New Light Shed by Fourth Circuit on Bankruptcy ‘Safe Harbors’ for Commodity Forward Contracts.”
In this podcast, Gregg discusses the new light that has been shed and why this information is important to the energy industry.
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: 12:39)
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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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Success Fees Under Section 328; Be Reasonable and Be Specific
In complex business reorganizations, debtors and other major parties-in-interest, such as trustees, examiners and creditors committees, will typically retain a small army of professionals - attorneys, financial advisors, accountants - to assist in the case. Not surprisingly, these professionals are entitled to compensation from the bankruptcy estate.
This podcast with Fran Lawall, a partner in Pepper’s Corporate Restructuring and Bankruptcy Practice Group, discusses the importance of thoroughness regarding section 328 success fees and the Northwest Airlines 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: 8:20)
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Hedge Fund Lending
Recently, Pepper Hamilton, Pinnacle Fund Administration and Herbert L. Jamison and Company hosted a Hedge Funds and Investment Management Update. This session covered topics such as valuation in light of FAS 157, recent SEC activity, the impact of the credit meltdown, side by side conflict management, and the effect of each of these developments on portfolio construction and management. We recorded the presentations to create a series of podcasts.
This podcast features the presentation of Joe Voyticky, of counsel in Pepper Hamilton’s Financial Services Practice Group and resident in Pepper’s NY office, and Leon Barson, a corporate restructuring and bankruptcy partner in the Philadelphia office of Pepper Hamilton. Joe and Leon’s presentation was titled “Hedge Fund Lending.”
Please contact Brian Dolan at dolanb@pepperlaw.com if you would like a copy of the presentation slides.
(Running Time: 20:29)
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Unofficial Committees During a Bankruptcy Case
Unofficial or “ad hoc” committees are sometimes formed during bankruptcy cases. However, two recent decisions rendered in the Northwest Airlines family of bankruptcy cases suggest that the formation of such a committee may bring certain – and perhaps unexpected – burdens of disclosure.
Listen to this short podcast with Henry Jaffe, a partner in Pepper Hamilton’s Corporate Restructuring and Bankruptcy Practice Group and resident of both the Wilmington and Philadelphia offices, as he defines “ad hoc” committees and discusses the Northwest Airlines opinions.
To keep up with the latest developments in bankruptcy law, email podcasts@pepperlaw.com to sign up for Pepper Hamilton’s electronic Bankruptcy Update alerts.
(Running Time: 6:33)
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