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Date: 11/20/2012
Event: The End of Chapter 11? Views from the Southern District of New York
Location: Jacob Burns Moot Court Room
Time: 06:00 PM

Speakers:
Honorable Stuart Bernstein
US Bankruptcy Court - Southern District of New York

Honorable Shelley Chapman
US Bankruptcy Court - Southern District of New York


Description:

Distinguished practitioner and fellow of the American College of Bankruptcy, Gary Holtzer of Weil, Gotshal & Manges will lead a discussion on the status and current utility of chapter 11 proceedings in the SDNY, a key bankruptcy court in the U.S. The discussion will feature Judge Bernstein, until recently the Chief Bankruptcy Judge in the district and a veteran of many important chapter 11 cases; and Judge Chapman, who was appointed bankruptcy judge in the district in 2010. Both judges, Bernstein and Chapman, have been adjunct professors (Cardozo School of Law and Brooklyn Law School respectively). Judge Chapman has recently been nominated to the American College of Bankruptcy.

Mr. Holtzer will pose provocative questions to the judges, concerning whether chapter 11 has devolved into section 363 sales, with plan confirmation solving few issues anymore, whether "pre-packs" dominate the practice and, if so, why and whether rejection of executory contracts and IP licenses has become a major goal of chapter 11 proceedings, but outside of the plan confirmation process. In addition, the panel will explore the status of DIP financing and cash collateral orders in a proceeding where less and less is accomplished by the actual confirmation of a plan.