abiLIVE Webinars

Sponsored by ABI's Business Reorganization Committee Please join us for an overview and discussion of chapter 11 cases addressing the nature and treatment of oil and gas gathering agreements. Since the 2016 decision in Sabine Oil & Gas, courts have grappled with whether midstream contracts contain real property covenants that “run with the land” and whether chapter 11 debtors can reject contracts with their midstream providers. In the most recent decisions on this issue (Extraction and Southland), the Bankruptcy Court for the District of Delaware found that the debtors’ gathering agreements did not satisfy the elements required to create such a real property covenant. This CLE will cover (i) foundational law and principles regarding contract rejection and covenants “running with the land”; (ii) an overview of seminal cases, including the most recent decisions in Extraction and Southland; and (iii) a discussion of potential implications of recent case law and guidance for parties navigating this issue.

Sponsored by the Consumer Bankruptcy Committee On December 9, Senators Elizabeth Warren (D-Mass.), Dick Durbin (D-Ill.) and Sheldon Whitehouse (D-R.I.) and Representatives Jerrold Nadler (D-N.Y.) and David Cicilline (D-R.I.) introduced the Consumer Bankruptcy Reform Act of 2020. The Act proposes a fundamental reform of the consumer bankruptcy process under the Bankruptcy Code, with the goal of making the process easier, less expensive, and more equitable. Among other things, the Act proposes to replace chapter 13 and chapter 7 with a new chapter 10 that simplifies the consumer bankruptcy process and provides flexibility in terms of the consumers’ retention of assets and commitment of income toward the repayment of claims. Please join our panel in a discussion of the Act’s highlights, including their initial impressions on the contrast between current processes under chapters 7 and 13 and the proposed processes under chapter 10.

Sponsored by the Consumer Bankruptcy Committee ABI's Consumer Bankruptcy Committee is presenting this webinar, moderated by Committee Co-Chair Jon J. Lieberman of Sottile & Barile, Attorneys at Law, and featuring Hon. Allan C. Stout of the Western District of Kentucky, Chapter 7 Trustee Hannah W. Hutman of Hoover Penrod PLC, Chapter 7 Trustee Richard D. Nelson of Todd, Kite & Stanford LLC, and Keith J. Larson of Seiller Waterman, LLC. The panelists will discuss a range of issues surrounding the trustee program, including tips and strategies for both debtor and creditor attorneys in working with case trustees, the current state of chapter 7 trustee compensation and why compensation reform may be needed, and the impact the COVID-19 pandemic is having on everything from 341 exams to the retention and recruitment of chapter 7 trustees. The panelists will also discuss the role of the trustee in subchapter V cases under the SBRA, including trustee compensation.

Presented by ABI’s Secured Credit Committee, this panel will discuss recent trends and developments concerning debtor-in-possession financing by highlighting relevant issues from the debtor’s, lender’s, and creditors’ committee’s perspectives. The discussion will focus on recent chapter 11 cases, including cases from the retail and energy industries, disruption from COVID-19, and broader market observations.

Join the SRS Acquiom team and their panel of experts as they dive into recent transactions involving collateral disputes between lenders and borrowers. The discussion will highlight real-life examples, look back on why the disputes are happening, review the options for lenders, and examine how to prevent disputes from happening in the future.

Members of ABI's Commercial Fraud Committee will discuss hot topics related to COVID-19, particularly fraudulent schemes likely expected due to the pandemic and schemes that may be revealed as a result of the pandemic's economic repercussions. The panelists will also address the coronavirus relief bill and resulting potential fraudulent schemes, as well as the international impact of the pandemic.

Join us for a discussion on the key features of the Paycheck Protection Program (PPP) and the current legal landscape regarding the eligibility of companies in bankruptcy to receive PPP Loans, including an overview of SBA guidance and recent court decisions.

Join ABI's Asset Sales Committee with a panel of experts that will highlight the current challenges facing insolvency professionals working on deals in the COVID-19 world and what to expect in the coming months.

Sponsored by: SRS Acquiom Inc. Join us for a roundtable discussion on current trends in the distressed-debt market: how we got here, what we're seeing, and how today's market compares to other distressed times. Hear from industry experts and differing viewpoints on how COVID-19 is turning lending markets upside-down, and gain tips on your best response.

What trends for consumer bankruptcy practice have emerged during the COVID-19 pandemic? What will consumer practice look like going forward? Join a panel of four experienced bankruptcy counsel as they discuss safety, case law trends and practical actions to take going forward. Some of the topics the panel will discuss include: Actions chapter 13 trustees are taking to hold down costs while continuing to assist debtors. Debtor counsel updates on practices that have developed due to the pandemic, including suspension of plan payments. Creditor counsel initiatives, including notices of forbearance and agreed orders, so debtors may stay in their homes. Variables that have caused consumer filings to drop precipitously due to the pandemic and what filing trends will look like moving forward.