Business

This panel explores issues that arise in fraud-based bankruptcy cases from both legal and financial perspectives, including managing a case when the fraudsters may still be around, dealing with fraudulent books and records, preserving the value of the business, investigating and litigating fraud and related claims, and working with (or against) the DOJ and other law enforcement agencies.Learning Objectives:Attendees will identify common indicators of fraud in bankruptcy cases and evaluate the legal and financial challenges that arise when fraud is suspected or confirmed.Attendees will analyze strategies for preserving estate value, managing unreliable books and records, and conducting investigations in fraud-based bankruptcy proceedings.Attendees will assess the tools available for pursuing fraud-related claims and understand the roles of the U.S. Department of Justice and other law enforcement agencies in bankruptcy cases involving alleged misconduct.

This panel provides a practical overview of SBA lending, including key loan programs and underwriting fundamentals, followed by a deep dive into servicing requirements and regulatory compliance. The panelists also address common challenges in chapter 11 cases — such as valuation disputes, voting and confirmation issues (including subchapter V), and the complexities surrounding guarantors — offering actionable insights for navigating SBA-backed restructurings.Learning Objectives:Attendees will understand the structure, underwriting and servicing requirements associated with SBA-backed lending programs.Attendees will analyze common bankruptcy issues involving SBA loans, including valuation disputes, voting rights and plan confirmation challenges.Attendees will evaluate strategies for addressing guarantor liability and restructuring SBA-backed obligations in chapter 11 and subchapter V cases.

In an interview conducted by ABI Immediate Past President Judge Bruce Harwood (ret.) and ABI’s Bill Rochelle, First Circuit Judge O. Rogeriee Thompson will offer tips for effective written and oral advocacy in bankruptcy appeals.

The law of secured transactions is often called a "trap for the unwary," especially for bankruptcy lawyers. This session will address common (and costly) mistakes that result in avoidance and missteps in the repossession and sale of collateral. The panelists will take up tricky perfection issues, priority and questions of scope — so you can navigate secured transactions with confidence, not caution tape.Learning Objectives:Understand the scope of UCC Article 9 — what it covers and when other law governs.Identify errors that lead to avoidance and learn how to prevent them.Apply the legal requirements for repossession and sale of collateral, with particular attention to the law developed in Colorado, Utah and Wyoming.

In small business cases, controlling administrative costs can make or break a successful outcome. This panel focuses on practical strategies to streamline proceedings, including creative motions and targeted plan provisions designed to reduce estate expenses. The panelists share efficient approaches, cost-saving techniques and real-world examples to help practitioners maximize value while minimizing administrative burden.Learning Objectives:Attendees will identify opportunities to reduce administrative expenses and improve efficiency in small business bankruptcy cases.Attendees will analyze the use of creative motions, targeted plan provisions and other procedural tools to streamline case administration.Attendees will apply practical cost-saving strategies to maximize value for debtors, creditors and other stakeholders.

In this session, the panel will discuss recent developments in Sub-V cases as well as common issues that arise from the perspective of the practitioner, Sub-V Trustee and Judge.

This session will explore how subchapter V operates in practice, with a focus on eligibility and debt limits, plan confirmation requirements, and the critical role of trustees. The panelists will discuss recent legal developments shaping the evolving landscape of small business reorganization, and provide practical strategies for navigating these changes effectively.Learning Objectives:Attendees will identify the current debt eligibility requirements for Subchapter V, analyze key ambiguities in plan confirmation (including, for instance the treatment of vacant classes, the three-to-five year disposable income commitment, and the availability of discharge for corporate entity debtors). Participants should come away with tools to apply that knowledge to advise small business clients considering reorganization and help participants recognize circumstances where their clients may be eligible.Attendees will assess current empirical data on Subchapter V confirmation rates and repeat filings, identify best practices for quality filings and effective use of local court forms, and understand the unique challenges presented by pro se debtors in the Subchapter V context.

A focused discussion on the systemic pressures shaping today’s affordable housing landscape, using the Pinnacle Bankruptcy as a real‑world example. Speakers will highlight key legal, financial, and practical issues from the case, then expand the conversation to broader market trends, fiduciary challenges, and legal considerations affecting affordable housing across regions.Learning Objectives:Attendees will learn to:Apply key legal and financial lessons from the Pinnacle bankruptcy case to identify systemic pressures and fiduciary challenges in affordable housing restructurings.Distinguish between case-specific issues and broader market trends affecting affordable housing operators and financing structures across multiple jurisdictions.Formulate legal strategies to address regulatory compliance and practical considerations unique to distressed affordable housing matters.

This TED-Talk–style panel brings together experienced bankruptcy practitioners to address three critical aspects of modern bankruptcy practice: recent Supreme Court developments, strategic considerations in deciding whether to file for bankruptcy, and the impact of language and terminology on advocacy and outcomes. Through concise, focused presentations, the panel explores how legal doctrine, strategic judgment, and effective communication intersect to shape successful bankruptcy representation. 

In this session, we will explore the unique stressors facing members of the bench and bar and how these pressures affect professional performance and personal well‑being, with a particular focus on the negative impacts of multitasking and distraction and how they can be managed to improve overall well-being.