Business

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 identify issues that could arise during discharge preparation and immediately post-discharge during your debtor client’s case, including judgment liens, comfort orders, nondischargeable debt, destruction of your client’s file, failure to comply with a Notice of Final Cure, credit report post-discharge and credit repair.

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.

This panel of bankruptcy judges from the Eighth and Tenth Circuits will discuss several recent decisions from the U.S. Supreme Court, the Eighth and Tenth Circuit Courts of Appeals and Bankruptcy Appellate Panels, and elsewhere that are likely to impact your bankruptcy practice.

Sponsored by Husch Blackwell LLP The Kirwan Institute for the Study of Race and Ethnicity defines implicit bias as “the attitudes or stereotypes that affect our understanding, actions, and decisions in an unconscious manner.” According to the Kirwan Institute, “[t]hese biases, which encompass both favorable and unfavorable assessments, are activated involuntarily and without an individual’s awareness or intentional control.” Researchers have found that implicit biases can impact many aspects of an individual’s life. For the bankruptcy attorney, it is imperative to consider whether implicit bias affects her day-to-day interactions with clients. This session will highlight studies confirming the pervasiveness of implicit bias, as well as empirical research establishing its influence on bankruptcy proceedings. The session will also provide techniques for reducing and/or eliminating the impact of implicit bias.

Sponsored by Williams-Keepers LLC This panel will present a mock hearing consisting of direct and cross-examination of a financial advisor in connection with a contested chapter 11 confirmation hearing. Panelists will also discuss best practices and strategies for presenting and eliciting testimony in an evidentiary hearing.

This year's ABI Talks, presented in the style of the ever-popular TED Talks, will focus on four timely topics: The Rhetoric and Reality of Student Debt, Not Your Parent’s Loan, Energy in Bankruptcy, and Health Care in Bankruptcy.

This panel will explore the development of subchapter V bankruptcies during their first year of existence, a.k.a. the COVID-19 era. The panelists will first perform a brief review of subchapter V bankruptcy cases and the way in which they differ from standard chapter 11 cases. The panel will then discuss issues relating to CARES Act funding in subchapter V cases and explore various hot issues in subchapter V, such as the aggregation of debts among affiliates. Finally, the panelists will discuss “anomaly” filings and attempts by seemingly ineligible companies to obtain relief under subchapter V.

This past year has seen a remarkable number of wide splits and controversial opinions. This panel of experts, moderated by ABI Editor-at-Large Bill Rochelle, will discuss and analyze current notable business and consumer bankruptcy cases.

This panel will discuss recent developments and decisions in international insolvency, including chapter 11 for non-U.S. companies, U.S. chapter 15 and offshore “soft touch” assistance.