Enjoining the Future: Unknown Claims and the Limits of Due Process

Level: Advanced
Runtime: 58 minutes
Recorded Date: August 23, 2017
Click here to share this program
Download PDF


  • Analytical Framework for Evaluating Future Claims
  • Free and Clear/Unknown Claims
  • In re Motors Liquidation Co., et al., f/k/a General Motors Corp., et al.
  • In re Grumman Olson Industries, Inc.
Runtime: 1 hour
Recorded: August 23, 2017


This panel will examine the strategies for dealing with unknown claims in chapter 11, the limits that due process places on those strategies and the impact that the Second Circuit’s recent decision in In re Motors Liquidation may have on those strategies going forward.

This program was recorded on August 23rd, 2017.

Provided By

American Bankruptcy Institute


Natalie D. Ramsey

Montgomery McCracken Walker Rhoads LLP

Natalie D. Ramsey is the Chair of the firm’s Creditors’ Rights and Bankruptcy practice group and responsible partner for the Delaware office. Her practice focuses on corporate reorganization and bankruptcy, including both the transactional aspects of restructuring and asset recovery litigation, often involving challenges to complex corporate transactions. Recent experience includes (1) confirmation of a chapter 11 plan on behalf of a maritime debtor with significant claims against and from affiliates in over ten countries; (2) investigation of and ultimately obtaining court approval to bring a $1.5 billion fraudulent conveyance/ breach of fiduciary duty claim against the debtor’s multi-national parent, and (3) co-lead trial counsel for asbestos creditor’s committee, resulting in a finding of estimated liability on the part of the debtor of in excess of $1.1 billion.

Natalie has been practicing in the area of bankruptcy for more than 30 years and has extensive experience in virtually every facet of insolvency practice, including out-of-court restructuring, “prepackaged” bankruptcies, and traditional Chapter 11 cases. She also routinely counsels clients on the potential effect of the insolvency or bankruptcy of another party in connection with prospective and existing, contracts and settlements.

Honorable Robert E. Gerber

United States Bankruptcy Judge
Southern District of New York

Honarable Robert E. Gerber is a United States Bankruptcy Judge for the Southern District of New York. Since his appointment to the bench 10 years ago, Judge Gerber has presided over a wide variety of chapter 11, chapter 7, chapter 15, section 304 and SIPA cases - including PSINet, Ames Department Stores, Global Crossing, Adelphia, Basis Yield Alpha Fund, Lyondell Chemical, BearingPoint, DBSD North America, Chemtura and General Motors.He earned a B.S. degree in industrial engineering, with high honors, from Rutgers University (from which he graduated in 1967), and a J.D. degree, magna cum laude, from Columbia Law School, from which he graduated in 1970, and where, among other things, he was a James Kent Scholar. Before going on the bench, he practiced with the firm of Fried, Frank, Harris, Shriver & Jacobson, specializing in securities and commercial litigation and, thereafter, bankruptcy litigation and counseling. Except for a period of service in the United States Air Force, in 1971 and 1972, he was with Fried Frank for 30 years, 22 as a partner. He is a contributing author to Collier on Bankruptcy, and a Fellow of the American College of Bankruptcy.

Similar Courses

Card image cap
92 minutes
#MeToo: Empowering Employees and Employers to Address Workplace Sexual Harassment & Violence
Join our expert attorneys as they discuss how employers can work to prevent and eliminate sexual harassment and violence in their workplace, and create an environment in which employees are able to respond to and report incidents without fear of retaliation. Not only is there a deep moral imperative to rectify sexual harassment in the workplace and promote an equitable work environment, but also there is significant monetary liability as a potential consequence for employers who fail to address harassment in the workplace.

American Bar Association


Add to Cart
Card image cap
77 minutes
§ 363 Sale Issues
Dive into Section 363 sales issues, including whether there are limits to “free and clear”; the GM conflict between Sections 365(h) and 363(f) (“lease-stripping”); sales free and clear of leasehold interests, restrictive covenants and override royalties; being free and clear of successorships in CBAs; selling free and clear of environmental liabilities (La Paloma, Exide); and loan-to-own strategies.

American Bankruptcy Institute


Add to Cart
Card image cap
63 minutes
2018 CA Consumer Privacy Act: The Big Tail Wagging the U.S.
In this session, two leading information governance attorneys will share why you need to and how you can be ready.



Add to Cart
Card image cap
63 minutes
A Collision of Complex Laws: The Interplay Between and Among State and Federal Regulatory Laws in Health Care Cases
This program will probe how state, federal and local laws affect health care bankruptcy cases. The program will address such regulatory schemes as ERISA, state and federal labor laws (with a focus on union issues), state local health care laws, and requisite approval processes for the sale of health care assets and state and local laws concerning reimbursement programs and other aid for the benefit of health care institutions. The program will feature speakers with experience in state, federal and local regulatory laws along with health care insolvency professionals.

American Bankruptcy Institute


Add to Cart
Previous Next