Kay S. Kress, a corporate restructuring and bankruptcy partner in the Detroit Office of Pepper Hamilton, will be speaking at the 2018 Sixth Circuit Judicial Conference taking place in Nashville, TN on May 15-18, 2018. Ms. Kress will be speaking on the following panel on Thursday, May 17 at 11:10–12:10 PM.
Using Chapter 11 to Sell Rather than Reorganize
A panel including a bankruptcy judge, two experienced practitioners, and a financial advisor with expertise in Chapter 11 cases will discuss a wide range of current topics relating to sales of businesses in bankruptcy. Chapter 11
is often used as a mechanism to facilitate sales rather than to reorganize a business, and that has changed the focus of many cases. The panel is expected to discuss topics such as: how fast is too fast to sell substantially all
the assets; surviving long enough to sell; trends in effective ways to sell troubled businesses; “stalking horses” and breakup fees; how much notice is enough; what does “free and clear” really mean; successor
liability in a bankruptcy sale; selling assets when government approval is involved; attempts to provide releases as part of a sale; and other related topics.
Moderator
Stephen D. Lerner, Squire Patton Boggs LLP
Panelists
The Honorable Jeffery P. Hopkins, Chief United States Bankruptcy Judge, Southern District of Ohio
William H. Henrich, Getzler Henrich & Associates LLC
Kay Standridge Kress, Pepper Hamilton LLP