Business

This panel will discuss the various tools and strategies available to insolvency professionals when small businesses attempt to restructure and avoid closure. The panelists will explore nonbankruptcy options available to these businesses, particularly in the current economic climate, including forbearance agreements, longer-term workouts and refinancing, as well as recent case law developments affecting out-of-court workouts for both debtors and creditors. The discussion also will include some of the bankruptcy options available to these businesses, how these businesses can analyze if and when chapter 11 (or chapter 7) provides the best (or only) path forward, and what creditors can do to prepare for an inevitable filing. Finally, the panelists will review bankruptcy eligibility requirements for small businesses in subchapter V and single-asset real estate cases, recent case law developments in subchapter V that practitioners must know about when evaluating bankruptcy options, and other important hurdles and considerations that these types of businesses can expect to encounter today.

This panel will analyze several recent and potentially controversial issues, including current views of the courts, arising in connection with avoidance actions in business bankruptcies, including the extent of due diligence required prior to bringing such actions, the sale of rights in proceeds of avoidance actions and the actions themselves; current views on replacement liens and adequate-protection liens attaching to avoidance actions granted to secured creditors in connection with debtor-in-possession financing and adequate-protection liens; provisions of DIP-financing orders extinguishing the rights of unsecured creditors to pursue avoidance actions against secured creditors; the application of strong-arm statutes and extended reach-back provisions; and issues related to proving insolvency at trial.

This panel will analyze several recent and potentially controversial issues, including current views of the courts, arising in connection with avoidance actions in business bankruptcies, including the extent of due diligence required prior to bringing such actions, the sale of rights in proceeds of avoidance actions and the actions themselves; current views on replacement liens and adequate-protection liens attaching to avoidance actions granted to secured creditors in connection with debtor-in-possession financing and adequate-protection liens; provisions of DIP-financing orders extinguishing the rights of unsecured creditors to pursue avoidance actions against secured creditors; the application of strong-arm statutes and extended reach-back provisions; and issues related to proving insolvency at trial.

This panel will review and discuss recent bank issues in light of the recent failures of Silicon Valley Bank and Signature Bank, and the near-miss with First Republic.

Panelists from around the Central States region will discuss the current status of receiverships in their states, with a specific focus on cannabis cases.

What is a DSO, and what does that bankruptcy provision in every Property Settlement Agreement mean, anyway? What debts are dischargeable, and if it is called “support,” is it truly support? Does the stay need to be modified post-petition in a chapter 13, and what do you do when a current chapter 13 client ends up in divorce court? This panel will address these questions and more, including the differences between chapters 7 and 13, and what actions are stayed.