Business

This panel will focus on senior care and living facilities, and the financial pressures in the marketplace that are currently presenting challenges to their business models in the U.S. and other jurisdictions.

With discussions ongoing in Washington, D.C., regarding increasing the cap for subchapter V filings, subchapter V filings are likely to continue to rise. What are the implications for the resulting cases if the cap does or doesn’t get raised?

This panel will discuss case law related to subchapter V and § 523 nondischargeability, and how to navigate uncertainties in such cases.

This session will focus on the ways in which subchapter V cases progress through to a sale and/or plan, including statutory deadlines for subchapter V cases and how such deadlines do or don’t impact other Code sections, and whether Code deadlines are mandatory or discretionary. Attendees will learn standards and strategies to be considered in subchapter V cases.

As subchapter V use increases across the country, the courts continue to interpret and explore the bounds of the statute. This panel will discuss the emerging issues being addressed by practitioners and the courts, including developing eligibility questions and the varied applications of the statute to different and unique debtor situations, and will provide a review of the timeliest opinions that are impacting debtors and creditors in these proceedings.

Using case law examples, this panel will discuss various aspects of subchapter V in the three years since it became law. Topics will include § 523 and non-individual debtors, whether the minimum required information (e.g., cash flow, tax returns, MORs) is enough to allow creditors to make informed decisions, the role of the subchapter V trustee, the U.S. Trustee guidelines for subchapter V trustees and whether they broaden the role beyond what is set forth in 11 U.S.C. § 1183, what happens when the subchapter V trustee’s role becomes burdensome on small business debtors, and the issues on which a subchapter V trustee has standing to appear before the court.

The panel will discuss bankruptcy Supreme Court cases from the last two years and their effects at the trial court level. The panelists will also highlight key issues where there are circuit splits that may provide ground for future Supreme Court jurisprudence.

This panel of leading Supreme Court practitioners will discuss leading cases and different ways of viewing specific problems in bankruptcy vs. appellate courts.