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SBRA: Subchapter V Strategy and How to Get Your Plan Confirmed
This panel will provide an overview of the requirements for a reorganization plan in subchapter V cases under the Small Business Reorganization Act, including the new fair-and-equitable standard for cramdowns, and effective strategies to get to plan confirmation.
Streamlined Small Business Reorganizations Under Subchapter V: Concepts and Early Decisions
This panel will focus on Congress’s new foray into streamlining small business reorganizations under the Small Business Reorganization Act of 2019, as amended by the CARES Act of 2020. The panelists will examine similarities and differences between subchapter V and traditional chapter 11 reorganization, debtor eligibility, and the role of the newly created position of subchapter V trustee. The panelists will then examine early decisions on these issues from bankruptcy courts around the country.
The COVID-19 Crisis: How Deep, How Long, and Its Impact on Bankruptcy Filings
Since March 2002, the U.S. economy has been in a recession brought about by the COVID-19 pandemic. While the Great Recession of 2008 caused a jump in business and consumer bankruptcy filings, the COVID Recession has not yet resulted in any such increase. Indeed, consumer bankruptcy filings since March 2020 have seen a historic decline. This panel will explore the economic differences between the Great Recession and the COVID Recession, and attempt to explain their inconsistent effects on bankruptcy filings. It will also consider why a bankruptcy wave has been slow to form under the COVID Recession, what events will eventually trigger a wave, and what the impact of the Great Recession suggests about the size, shape and timing of the coming wave of bankruptcy filings.
IWIRC: You Want Me to Do What? The Dilemma of Trying to Interpret and Follow Appellate Precedent
While there can be no doubt under our current system of jurisprudence that lower courts are bound by the published decisions of appellate courts, the question remains: What can a trial court do with broad pronouncements found in an appellate decision based on limited or dissimilar facts? Judge Michael will discuss the dilemma of interpreting and using appellate precedent.
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