2026 Southeast Bankruptcy Workshop

Subprime lending is showing signs of strain — especially in the auto sector, where recent lender failures highlight growing vulnerabilities. This panel examines what’s driving stress in subprime auto lending, the implications for the broader credit market, and risks in areas like merchant cash advance (MCA) financing. Attendees gain insights into emerging cracks in the market and what they may signal for the economic outlook.Learning Objectives:Attendees will identify the market forces and operational challenges contributing to distress in the subprime lending sector, with a focus on subprime auto finance.Attendees will analyze the impact of lender failures, rising defaults and tightening credit conditions on borrowers, lenders and the broader credit markets.Attendees will evaluate emerging risks in related financing sectors, including merchant cash advance (MCA) lending, and assess what these developments may signal for future restructuring activity and economic conditions.

With more than half of civil cases in many courts involving at least one self-represented party, pro se appearances are now the norm rather than the exception. This panel examines how to navigate these cases effectively — balancing efficiency with fairness, preserving due process, and avoiding the pitfalls of lay practice while ensuring that all parties are heard.Learning Objectives:Attendees will identify the unique procedural and practical challenges presented by self-represented litigants in bankruptcy and other civil proceedings.Attendees will analyze strategies for balancing judicial efficiency, fairness and due process when managing cases involving pro se parties.Attendees will apply best practices for communicating with self-represented litigants, addressing lay-practice issues and maintaining the integrity of the judicial process while ensuring all parties are heard.

This session reviews the difficulties facing the spirits industry and options for rehabilitation. The panelists consider some active and past cases to highlight solutions, as well as other solutions for when bankruptcy is not the best option, including an increased focus on receiverships and other out-of-court options.Learning Objectives:Attendees will identify the economic, operational and market challenges contributing to financial distress within the spirits industry and related consumer-product sectors.Attendees will analyze restructuring and rehabilitation strategies used in distressed spirits businesses, including lessons learned from recent bankruptcy and insolvency proceedings.Attendees will evaluate the advantages and limitations of bankruptcy, receiverships and out-of-court restructuring alternatives when addressing distress in the spirits industry.

This panel explores the evolving and fact-intensive concept of good faith in chapter 13 bankruptcy, with a focus on plan confirmation and post-confirmation modifications. The panelists examine how courts interpret “good faith” under §§ 1325 and 1329, common red flags that can trigger bad-faith findings, and key strategic considerations for trustees, debtors’ counsel and creditors when modifications are proposed. Through statutory analysis, leading case law and practical examples, the panelists address when plan confirmation calls into question the good faith of the debtor and/or their counsel and proposed modifications cross the line from legitimate adjustment to improper use of the Bankruptcy Code. Topics include income and expense changes, serial or late-stage modifications, treatment of unsecured creditors, disclosure obligations, and the role of debtor conduct before and after confirmation.Learning Objectives:Attendees will understand the good-faith requirements of §§ 1325 and 1329 and how courts evaluate good faith in chapter 13 plan confirmation and post-confirmation modification proceedings.Attendees will identify common factual circumstances and litigation issues that can trigger good-faith challenges, including changes in income and expenses, serial filings, disclosure obligations and debtor conduct.Attendees will analyze recent case law and practical strategies for evaluating, prosecuting or defending plan confirmation and modification disputes involving allegations of bad faith.

This panel provides an update on key threats affecting restructuring and credit markets. William Rule discusses the current economic environment, especially the federal deficit, private credit stress, potential bubbles in the stock market, the concentration of wealth and other threats.Learning Objectives:Attendees will identify key macroeconomic threats currently affecting restructuring and credit markets, including federal deficit dynamics and emerging stress in private credit.Attendees will analyze the potential impact of taxes and tariffs on economic stability, corporate capital structures, and distressed investment opportunities.Attendees will evaluate indicators of asset bubbles and wealth concentration trends, and assess their implications for restructuring practitioners and credit market participants.

This panel provides an overview of the procedures of obtaining and challenging a corporate debtor’s authority to file. The panelists explore the strategies associated with navigating filing decisions for businesses with complex business structures and provide practical insights into make such decisions. This panel also examines case law trends and developments associated with corporate filing authority and challenges thereto.Learning Objectives:Attendees will understand the legal requirements for establishing bankruptcy filing authority within complex ownership and governance structures.Attendees will analyze common disputes involving corporate authority, organizational documents and stakeholder consent rights.Attendees will evaluate best practices for identifying and resolving filing-authority issues before and during bankruptcy proceedings.

This panel provides a practical overview of SBA lending, including key loan programs and underwriting fundamentals, followed by a deep dive into servicing requirements and regulatory compliance. The panelists also address common challenges in chapter 11 cases — such as valuation disputes, voting and confirmation issues (including subchapter V), and the complexities surrounding guarantors — offering actionable insights for navigating SBA-backed restructurings.Learning Objectives:Attendees will understand the structure, underwriting and servicing requirements associated with SBA-backed lending programs.Attendees will analyze common bankruptcy issues involving SBA loans, including valuation disputes, voting rights and plan confirmation challenges.Attendees will evaluate strategies for addressing guarantor liability and restructuring SBA-backed obligations in chapter 11 and subchapter V cases.

When a distressed business is in “free fall,” the most consequential decisions often occur before a petition is ever filed. This panel examines the high-stakes strategic choices lenders, debtors and fiduciaries face in the critical pre-petition window and how those decisions can shape, or derail, the outcome of a restructuring. The panelists explore such questions as whether a secured lender should sweep operating accounts holding cash collateral, when a debtor should pursue chapter 7, chapter 11 or an assignment for the benefit of creditors, and whether consenting to a receivership may offer a better path. The panelists also address insider claim resolution, preferential or critical vendor payments, employee compensation issues, and the litigation risks that follow pre-filing conduct.Learning Objectives:Attendees will identify critical pre-petition decisions that can significantly affect the outcome of a distressed business restructuring.Attendees will analyze strategic alternatives, including chapter 7, chapter 11, receiverships and assignments for the benefit of creditors.Attendees will evaluate litigation risks and stakeholder consequences arising from pre-filing conduct, cash management decisions and insider transactions.

This panel explores current trends in automatic stay litigation and the practical strategies used by debtors and creditors in contested cases. The panelists discuss common dispute scenarios, evolving court approaches, and key considerations for navigating stay relief, enforcement actions and related risks in bankruptcy proceedings.Learning Objectives:Attendees will identify current trends and emerging issues in automatic stay litigation.Attendees will analyze strategic considerations for pursuing or defending stay-relief motions, enforcement actions and related disputes.Attendees will evaluate practical approaches for minimizing risk and achieving favorable outcomes in contested stay matters.

This panel explores the evolving landscape of mortgage-servicing in bankruptcy under Federal Rule of Bankruptcy Procedure 3002.1, with a focus on recent developments following the Klemkowski decision. The panelists discuss practical implications for servicers, debtors and practitioners, including notice requirements, fee and escrow claim procedures, and common compliance pitfalls. The panelists also will provide guidance on how courts are interpreting Rule 3002.1 and what the Klemkowski ruling means for future practice and litigation strategy.Learning Objectives:Attendees will understand the requirements of Rule 3002.1 and recent developments affecting mortgage-servicing practices in bankruptcy cases.Attendees will analyze the impact of the Klemkowski decision on notice obligations, fee claims and escrow-related disputes.Attendees will identify compliance risks and develop strategies for effectively litigating and resolving Rule 3002.1 issues.