21^st Annual Northeast Bankruptcy Conference & 9^th Annual Northeast Consumer Forum

The panel, titled "The Mechanics of Prepacks: What Happens Pre-Petition, and How to Make It Stick Post-Petition," will address the mechanics of, and law behind, a prepackaged chapter 11 case, including plan-support agreements, restrictions on solicitation and how you comply with them, existing restrictions regarding those parties-in-interest that are negotiating the prepack once they start negotiations and receive non-public information, how you solicit votes pre-petition from those not directly involved in the prepack negotiations, and whether at the end of the day you can really bind anybody.

The panel will also discuss the risks of overreaching in a plan-support agreement, including a discussion of the Innkeepers decision issued by the U.S. Bankruptcy Court for the Southern District of New York.