Business

This panel will highlight some of the roadblocks that small business debtors face at the commencement of their cases, throughout the process and on the road to plan confirmation. First in line is the definition of “engaged in commercial or business activities.” Central to this issue is whether a debtor needs to be actively engaged in business operations to qualify as a subchapter V debtor. Next up is lease assumption. When is it the right time to assume? Complicating the road to confirmations is a secured creditor’s § 1111(b) election, and the panelists will present pro and con arguments relating to nondebtor stay relief, injunctions and releases. Finally, the panelists will discuss what the debtor can do to effectuate a consensual plan, the role of the subchapter V trustee in a nonconsensual case, and the discharge of the debtor under both scenarios.

This panel will examine what's involved in getting a subchapter V case across the finish line, starting with best practices for debtors as attorneys position their clients to confirm their plans. The panelists will specifically explore putting together projections and liquidation analyses, the weapons creditors have in their arsenal (including the § 1111(b) election), and the role of subchapter V trustees.

This panel will examine what's involved in getting a subchapter V case across the finish line, starting with best practices for debtors as attorneys position their clients to confirm their plans. The panelists will specifically explore putting together projections and liquidation analyses, the weapons creditors have in their arsenal (including the § 1111(b) election), and the role of subchapter V trustees.

As virtual hearings become standard in Court’s across the country, the panel members provide, review of best practices and lessons learned from the Court’s perspective since the mainstreaming of virtual hearings.

This panel will explore the supply chain issues that are most prevalent today in various industries, includingthe risk of loss, injunctive relief, adequate protection and debtors in possession, as well as the tensions thatcan occur among customers, suppliers and third parties.

This panel will discuss the legal issues affecting customers and other creditors in cryptocurrency insolvencies.

Technology can be looked at as a business-enabler. Attorneys who want to move from manual or paper processes to an automated, streamlined, more efficient or paperless practice have a variety of options available. The choices are seemingly endless, but which options are the right fit for your practice? This panel will discuss some of the productivity suites, PDF-production software, case-management systems and other programs that are available to modernize consumer practice. Since when it comes to technology one size doesn't fit all, the panelists will highlight some general considerations that are applicable to attorneys in solo practices and to those in larger firms.

Over the past decade, companies burdened with significant asbestos and other tort liability have utilized the so-called “Texas Two-Step” strategy to separate those tort liabilities from core assets and resolve them through the chapter 11 bankruptcy process. This session will cover isolating liabilities to preserve ongoing value with mass torts and corporate side changes, and subsequent bankruptcy issues, including venue, ongoing operations, valuations and third-party releases.