Business

The novel coronavirus has certainly induced many systemic changes around the world, and the bankruptcy and restructuring industry is no exception. What once worked in a pre-COVID-19 world might not work anymore, so parties must adapt quickly, often with no precedence upon which to rely. This panel will discuss the idiosyncrasies and novel ways bankruptcy practice is operating, restructuring and adapting to a “new normal,” and how constituencies on all sides of the table are approaching its unique aspects.

The NYIC sponsored this October 22, 2020, session as part of the Insolvency 2020 Summit. The panelists provide an overview of subchapter V and its key provisions, discussing the various perspectives in subchapter V, cash collateral and DIP financing in subchapter V, and general trends in subchapter V cases.

Presented by INSOL This panel will explore several measures that have been put into place across the globe during the COVID-19 pandemic, and how those measures will affect businesses, insolvency proceedings and more.

This session will review the unique issues involved with early and quick § 363 sales in chapter 11 cases, including financing the case, how to get the sale approved, and what happens to the case after the sale closes.

How are lenders, borrowers and vested parties adapting to a rapidly changing environment? Are lenders and other creditors becoming more or less aggressive as business plans and borrowing bases are indefinitely affected by the suppressed commercial activity from the coronavirus? The panelists explore these issues and more.

Presented by the Mediation and International Committees Through a mock mediation, this panel of experienced judges and cross-border mediators and practitioners will illustrate the pitfalls and benefits of using mediation to resolve cross-border insolvency disputes.

In this session, learn more about recent developments in earmarking, preference and fraudulent transfer law, and the use of domestic and foreign trusts to effectuate fraudulent transfers.

Keynote Address

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 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.