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Isaac Pachulski to Address "Bargaining and Plan Negotiation" at House Committee on the Judiciary

April 2015

Isaac Pachulski will address "Bargaining and Plan Negotiation" on May 28, 2015 at the "Rethinking Chapter 11" Conference, to be held at the House Committee on the Judiciary.

Bargaining is the lifeblood of Chapter 11; the class-by-class plan vote is a key driver of the protection to which dissenters are entitled and the plan confirmation process; and the rules governing classification, voting (including the effect of limitations on voting in intercreditor agreements and RSAs), and the impact of voting on stakeholder entitlements are critical components of the framework within which the bargaining takes place. As the players in bankruptcy have changed over the years, the rules that govern this bargaining and voting process may need to change as well.

This conference, organized by the National Bankruptcy Conference, brings together lawyers, judges, insolvency professionals, and academics under the Chatham House rule to discuss the fundamental challenges facing the law of corporate reorganizations. Particular attention will be paid to proposals from the National Bankruptcy Conference and the ABI Commission on Bankruptcy Reform.