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Business

Staying Out of Jail—Dealing with Civil and Criminal Contempt

The panel will address the legal framework by which bankruptcy courts and federal district courts are authorized to hold parties or attorneys in contempt of court. The discussion will focus on the authority of the bankruptcy court, as an Article I tribunal, to enforce the Bankruptcy Code and its orders through civil contempt powers and the penalties associated with those powers. The panel will also cover applicable law and procedure in relation to seeking criminal contempt in the federal district court.
1 hour 6 minutes 4 seconds

Subchapter V Landmines: What, Where and How to Deal with Them

This panel of subchapter V experts will discuss the multitude of issues that have developed since the enactment of the statute, and how practitioners can best deal with these issues.
59 minutes 46 seconds

Subchapter V Lightning Rounds and Rods

This panel will discuss consensual vs. nonconsensual plans, disposable-income issues, real estate issues and getting paid.
1 hour 33 minutes 20 seconds

Subchapter V Update

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.
1 hour 12 minutes 47 seconds

Subchapter V: Plan Confirmations by the Numbers

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.

Subchapter V: Plan Confirmations by the Numbers

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.
1 hour 14 minutes 35 seconds

Successful Navigation of a Virtual Hearing

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.
1 hour 1 minutes 59 seconds

Supply Chain Instability and Disruption as a Key Source of Distress and Bankruptcy: A Long-Term Influence

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.
1 hour 1 minutes 16 seconds