American Bankruptcy Institute’s Northeast Bankruptcy Conference

American Bankruptcy Institute’s Northeast Bankruptcy Conference

Speaking Engagement
The American Bankruptcy Institute hosted it's 19th Annual Northeast Bankruptcy Conference in Bretton Woods, New Hampshire. WilmerHale Partner John Sigel was a panelist for a session titled "Do 'Out-of-the-Money' Creditors Have Standing?" Discussion topics included various issues such as basic standing and the appropriateness of forming and maintaining a creditors committee and an equity committee. Panelists discussed the various arguments put forth to justify a carveout or “gift” for unsecured creditors and the often used “pay-to-play” rule, occasionally asserted by out-of-the-money creditor groups. Additionally, panelists examined ways to identify unencumbered assets early in the case and the possible benefits of keeping them free from post-petition liens granted to DIP lenders. Lastly, panelists shared ways to maximize the Chapter 5 claims and the use of liquidating assets.

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