2020 Midwestern Virtual Bankruptcy Institute

Against the backdrop of the recent COVID-19 health crisis, this session will focus on issues relating to crisis management in the business and practice of bankruptcy law. The panelists will discuss best practices for disaster recovery and business-continuity planning, technology solutions for navigating a crisis, and various legal and ethical issues that arise during a time of crisis. The panelists will also address mental health and personal wellness issues that can arise during and after a crisis.

This panel will discuss current issues affecting the embattled hospitality sector, primarily the restaurant and hotel industries. The panelists will discuss current topics in bankruptcy and out-of-court restructurings, sales and liquidations.

This panel will identify issues that could arise during discharge preparation and immediately post-discharge during your debtor client’s case, including judgment liens, comfort orders, nondischargeable debt, destruction of your client’s file, failure to comply with a Notice of Final Cure, credit report post-discharge and credit repair.

This panel will review the basics of the Small Business Reorganization Act of 2019, as well as recent case law and issues that have cropped up since the SBRA went into effect in February 2020. Topics discussed will include an overview of subchapter V and how it differs from traditional chapter 11, qualifying corporate (and individual) debtors, debt limits pre- and post- CARES Act, the PPP and its changing role in subchapter V, the role of a subchapter V trustee, and conversion/redesignation of a case to subchapter V.

This panel of bankruptcy judges from the Eighth and Tenth Circuits will discuss several recent decisions from the U.S. Supreme Court, the Eighth and Tenth Circuit Courts of Appeals and Bankruptcy Appellate Panels, and elsewhere that are likely to impact your bankruptcy practice.

Sponsored by Husch Blackwell LLP The Kirwan Institute for the Study of Race and Ethnicity defines implicit bias as “the attitudes or stereotypes that affect our understanding, actions, and decisions in an unconscious manner.” According to the Kirwan Institute, “[t]hese biases, which encompass both favorable and unfavorable assessments, are activated involuntarily and without an individual’s awareness or intentional control.” Researchers have found that implicit biases can impact many aspects of an individual’s life. For the bankruptcy attorney, it is imperative to consider whether implicit bias affects her day-to-day interactions with clients. This session will highlight studies confirming the pervasiveness of implicit bias, as well as empirical research establishing its influence on bankruptcy proceedings. The session will also provide techniques for reducing and/or eliminating the impact of implicit bias.

Sponsored by Williams-Keepers LLC This panel will present a mock hearing consisting of direct and cross-examination of a financial advisor in connection with a contested chapter 11 confirmation hearing. Panelists will also discuss best practices and strategies for presenting and eliciting testimony in an evidentiary hearing.

When developing a strategy for an entity in distress, good insolvency lawyers weigh all their options, both in and out of bankruptcy. This presentation will consist of two mock client consultations (one debtor-focused and one creditor-focused) discussing the pros and cons of various alternatives to bankruptcy. The presentation will culminate in a mock status conference before a federal district court in an action where the plaintiff is seeking the appointment of a federal receiver in a loan-enforcement action. This session also will provide an in-depth examination of assignments for the benefit of creditors, as well as state and federal receiverships.

Sponsored by Hinkle Law Firm LLC The panel will examine four distinct emerging issues in consumer cases that are related to the effects of COVID-19: (1) the decrease in cases; (2) remote signings and appearances; (3) national and local moratoriums on foreclosures and evictions and similar protective measures; and (4) the legislative efforts to increase the chapter 13 debt limits.

This year's ABI Talks, presented in the style of the ever-popular TED Talks, will focus on four timely topics: The Rhetoric and Reality of Student Debt, Not Your Parent’s Loan, Energy in Bankruptcy, and Health Care in Bankruptcy.