Who can object to confirmation of a plan—any party in interest or only a party whose ox is being gored? Who can speak for holders of widely-held debt—the parties with the economic interest (e.g., the bondholders or the certificate holders) or only the parties with a direct contractual relationship with the debtor (e.g., the indenture trustee or the special servicer)? When should debtors not raise lack of standing, since it is in the debtor's best interest for the particular party to be heard? When does equitable mootness prevent a party from getting any meaningful relief, therefore, making speaking pointless? This program, sponsored by the Administration & Courts, Insurance, Mass Tort and Environmental Claims, and Trust Indentures Subcommittees, will address these questions.
WilmerHale Partner Danielle Spinelli is a featured speaker on this fall meeting panel, entitled "You Can't Say That!—When Lack of Standing or Equitable Mootness Limits Your Ability to Speak