Business

Arguably no other industry has been impacted by the pandemic as much as the hospitality and leisure space. Hotels and conference centers face historic vacancy rates while AirBNB’s IPO raises $86 Billion. This panel discusses the unique challenges facing hotel and hospitality owners, operators, investors and brands seeking to ride out the current storm.

Leading experts on Subchapter V bankruptcy will address key issues and strategies.

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.

There has been a lot of chatter floating around Congress surrounding student loans. Right now, all student loan debt discharges hinge on a “hardship” definition that is almost impossible to achieve. But the rules might change soon — or at least bend a little, as recent court decisions suggest. Join this session to learn the latest surrounding this pertinent issue.

The Small Business Reorganization Act of 2019 went into effect a mere few weeks before a worldwide pandemic unfolded, setting into motion unforeseen challenges and learning curves for the entire bankruptcy court system. This session consists of two mock presentations that will demonstrate the application of technology in the pre-trial practice and trial presentation of a subchapter V virtual trial. Included in these presentations will be virtual depositions and document preparation and organization, as well as the nontechnical challenges these cases can face, such as feasibility, projected-income issues, best practices assuming a nonconsensual plan, and cramdown. During the mock presentations, a team of technology experts will interject real-time, practical tips on the risks, benefits and potential ethical pitfalls of technology use in virtual trials, and much more. Mock Trial Schedule: 1:00-2:30 p.m. — Pre-Trial: Preparation, Organization, Depositions, Direct Examination (with tech experts offering best practices throughout) 2:30-2:50 p.m. — Short Break - Breakout rooms available for networking! 2:50-4:15 p.m. — Mock Trial: Cross-Examination, Cramdown (with tech experts offering best practices throughout)

The Small Business Reorganization Act has been in force for over a year, and trustees, debtors, creditors and attorneys have spent the last year trying to work through what subchapter V means for them. This panel will discuss the case law that has developed, as well as the benefits and constraints of subchapter V on debtors and creditors. The panelists, featuring a trustee, judge, and debtors’ and creditors’ attorneys, will also discuss the implications of representing related entities and insiders, as well as navigating uncertainties in the new law.

This panel will explore the development of subchapter V bankruptcies during their first year of existence, a.k.a. the COVID-19 era. The panelists will first perform a brief review of subchapter V bankruptcy cases and the way in which they differ from standard chapter 11 cases. The panel will then discuss issues relating to CARES Act funding in subchapter V cases and explore various hot issues in subchapter V, such as the aggregation of debts among affiliates. Finally, the panelists will discuss “anomaly” filings and attempts by seemingly ineligible companies to obtain relief under subchapter V.

Since the enactment of the Small Business Reorganization Act of 2019 (H.R. 3311, “SBRA”), which took effect on Feb. 19, 2020, bankruptcy courts and practitioners have had opportunities to address a number of novel issues, interpreting and applying what are essentially brand-new Bankruptcy Code statutes. In this panel, we will discuss some of the key SBRA areas that bankruptcy courts across the U.S. are addressing, as well as the novel issues that practitioners are navigating.

This session includes a panel discussion of the unique issues and challenges involved with demonstrating plan feasibility during our current pandemic economy. The panelists will also discuss how bankruptcy courts have dealt with the issues thus far, and how debtors can make their best cases before the court.

This session will address how COVID-19 and stay-at-home orders prompted the rapid adoption of technology by the courts, the lessons learned along the way, and where technology can be used to further improve the efficiency, efficacy and safety of the bankruptcy process.