Luncheon Plenary Session | Value Allocation in Chapter 11: Does the Secured Creditor “Own” the Going Concern Surplus (ECB221110-LP)

Thursday, November 10, 2022

12:25 PM to 1:25 PM

About the Program

This presentation is based on work Professor Janger has done with Melissa Jacoby, addressing the perennial problem of how one allocates value in a reorganization case, where the firm is recapitalized or sold as a going concern, and value is to be allocated according to non-bankruptcy entitlements.  The problem is that those state law entitlements assume piecemeal liquidation, and that is precisely what reorganization avoids.  Professor Janger and Melissa Jacoby argue that an accurate understanding of non-bankruptcy lien law and section 552 of the Bankruptcy Code allocate more value to the estate than is commonly understood.

You Will Learn 

A rigorous understanding of the treatment of prepetition liens in reorganization cases.

CLE Credit

CT: 1.0 CLE Credit (1.0 General)

NY: 1.0 CLE Credit (1.0 AOP)

The Connecticut Bar Association/CT Bar Institute is an accredited provider of New York State CLE. This program qualifies for transitional and non-transitional CLE credits. 

Attorneys seeking NY CLE credit who have been admitted to the New York State Bar for two years or less must attend the live seminar for skills or ethics credit, or a fully interactive videoconference. Diversity, Inclusion and Elimination of Bias CLE credits are only available as non-transitional credits. For further information about transitional and non-transitional courses, please see the NYCourts.gov page on CLE: http://ww2.nycourts.gov/attorneys/cle/index.shtml.

Financial hardship information is available upon request.

Speaker

Janger Edward2 Professor Edward Janger
Brooklyn Law School, Brooklyn, NY