Business

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.

Presented by the Emerging Industries and Technology & Secured Credit Committees This panel explores and navigates distressed-investing issues relating to sales of technology and IP under § 363, and buyer identification in a virtual landscape.

Presented by the Young and New Members & Ethics and Professional Compensation Committees You work hard for the money, so let’s make sure you get it. This panel will discuss ethical considerations governing that all-important process: getting retained and paid by the bankruptcy estate. Aside from covering the basics of retention for young and new professionals, the panelists will address some of the myriad ethical issues governing retention and compensation that can arise, including connection disclosures, concurrent representations of insiders and expense reimbursement.

Presented by the Business Reorganization and Bankruptcy Litigation Committees This panel will focus on two important issues that have arisen during the COVID-19 pandemic: The availability of nunc pro tunc orders in the wake of Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, __ S. Ct. __, No. 18-921, 2020 WL 878715 (Feb. 24, 2020), and the battle between landlords and debtors across the country regarding the deferral of rent pending the pandemic and beyond the period authorized by the Bankruptcy Code.

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.

Presented by the Consumer Bankruptcy & Legislation Committees This panel will focus on the top 10 items that came out of the ABI Commission on Consumer Bankruptcy’s Final Report, released in 2019.

Presented by the Health Care & Asset Sales Committees This panel will discuss various issues and challenges accompanying sales of health care assets, including factors to consider in determining whether or not a sale is the best alternative. Such factors include the role of regulatory authorities, political challenges, reimbursement issues, issues related to urban vs. rural facilities, the evolution of the health care business, and best practices in navigating such challenges.

In this virtual variation on the in-person format, a nationwide group of distinguished judges will discuss current bankruptcy and practical skills issues in an innovative Zoom-style presentation. The judges will rotate to a new online “room,” allowing participants to maximize their time and gain valuable insights into best practices.

Presented by the Real Estate and Unsecured Trade Creditors Committees This panel will explore the myriad legal conundrums landlords have been facing in bankruptcy cases across the country since the COVID-19 pandemic took hold. Discussion points will include landlord rights to assumption/rejection and timing, the ability of debtors to defer rent payments to landlords for lengthy periods of time, and the impact of force majeure clauses in these disputes.

This panel will discuss whether liens are available on unencumbered assets like avoidance actions, credit bidding issues, equitable subordination/ recharacterization concerns, committee challenges to liens and bidding procedures.