North Dakota CLE Course Catalog

The panelists discuss in-court and out-of-court options for distressed businesses, as well as alternatives both pre- and post-COVID-19, drawing upon their experiences and what they see in the market going forward.

This panel features seasoned professionals discussing and demonstrating how to address and negotiate appropriate bid procedures and run an effective sales process. The panelists discuss these issues in the presence of a judge through the presentation of a hypothetical sale that has more than its share of complicating factors.

The panel enacts three hypotheticals involving repeat filer/debtor Harry, his not-quite-blue-stocking creditor Lloyd of Lloyd’s Auto Lot, and the chapter 7 and chapter 13 trustees, Dusty and Rusty. The legal issues presented will concern the “expiring stay” for repeat filers, redemption of repossessed vehicles, a discharge violation question involving refusal to release the car lien/title, and the attendant procedural and costs questions for each. Ripe Potatoes rates this a “must see”!

This panel discusses several threshold issues that should be considered when determining whether you can and should represent a potential debtor client. The panelists highlight real-life examples and provide best practices and pitfalls to avoid with respect to these issues.

This panel discussion will delve into a plethora of ethical issues pulled from today’s headlines, including litigation funding, professional compensation, protection and use of material nonpublic information, “connections,” Alix v. McKinsey litigation, and issues created by the pandemic and our remote-work environment.

This panel will examine creditors vs. creditors in liability-management transactions (Boardriders, Serta, Travelport, Trimark), collective actions and credit bidding (Speedcast, Alta Masa, Empire Generating, Allied), strict foreclosure in light of TIA 316(b) (CNH Diversified Opportunities v. Cleveland Unlimited), de facto claim-subordination (La Paloma), rights preserved for junior creditors under an intercreditor agreement (do the exceptions swallow the rule (Claires, Momentive)?), and practical considerations such as coordination agreements, unitranche facilities and CLOs in restructurings.

This panel will compare and contrast liquidations and wind-downs under chapter 11, federal and state receiverships, ABCs, and judicial dissolutions. The panelists also will take a look at tools that are available and the risks attendant to each. Which companies are more appropriate for which type of liquidation option: cannabis and related company insolvencies, or higher education institutions?

This panel will discuss common valuation challenges and responses, and provide insight into piecing together multiple valuation techniques. The panelists will also touch upon identifying reasonable comps for similar companies and precedent transactions, reliance on/restating projections, and where valuation and liquidation analyses blend together, including non-cash-flowing assets.

This panel also will cover topics ranging from access to courts, to the increased use of inherent judicial power, to virtual trials, to valuation and compromise in uncertain (unprecedented) times, to recent developments in avoidance actions.