Bankruptcy Restructuring for Middle Market Businesses, Part 1
An increasing number of middle market businesses are caught in the vice of a slow economy and tight credit, and for the first time confronting the prospect of bankruptcy. This program is a real-world guide to planning for an efficient transition into and out of bankruptcy. Among other topics, the program will cover when a pre-bankruptcy workout is possible and how to achieve it, and how to work with creditors and other stakeholders for a quick exist from bankruptcy once a petition has been filed. The program will cover the timeline and essential steps in the restructuring process, disclosure requirements, elements of a confirmable plan, and practical techniques for emerging from bankruptcy. The program is designed for non-bankruptcy specialists who advise businesses.
Day 1 – March 23, 2010:
- Officer & director fiduciary duties when entity is insolvent
- Determining when an out-of-court settlement is viable & how to achieve it
- Limits to using “Pre-Paks”
- Planning for transition into bankruptcy
- Essentials of communicating with stakeholders
- Tax aspects of restructuring
Day 2 – March 24, 2010:
- Timeline and essential steps in the bankruptcy process
- Disclosure and voting requirements
- Elements of a confirmable plan
- The value of constituent participation
- Paths out of bankruptcy
Speakers:
Tony M. Davis is a partner in the Houston office of Baker Botts, LLP, where his practice focuses on bankruptcy reorganizations, workouts, debtor-creditor disputes and commercial law. He represents secured creditors, debtors in possession, trustees, committee members, shareholders, landlords and insurance companies in complex chapter 11 proceedings. Mr. Davis formerly served as Secretary and Vice President-Professional Education of the State Bar of Texas Bankruptcy Section. He has also been listed in “The Best Lawyers in America” in its bankruptcy section and was named by Texas Law & Politics Magazine as a “Texas Super Lawyer.” He received his B.A. from the University of Minnesota at Morris and his J.D. form the University of Virginia School of Law.