No CLE

In the past year, ending June 30, 2021, there have been 6,871 number of chapter 11 filings nationwide, and only 149 of them were of health care companies. Is there still distress in the industry, or did the U.S.’s stimulus funding correct the distress?

This panel of legal and business experts will examine the ripple effects of the COVID pandemic on the real estate world, including its impact on office buildings, retail, hospitality and lending. Starting with a brief overview of the market, the panelists will explore the domino effects of the pandemic on tenants, landlords, lenders and investors. What is different about this crisis from previous real estate downturns, and how will (or should) strategies differ? Will we see a wave of SAREs? What exacerbating problems could arise in retail bankruptcies (such as co-tenancy agreements in malls) or hospitality cases (such as franchise and flagging issues)? What opportunities will exist in 363 sales, lease assignments and discounted loans? This lively discussion of legal issues and business strategies promises to make you think of COVID effects in whole new ways.

Hosted by the Business Reorganization and Real Estate Committees Join this panel of experts as they offer their perspectives on the state of the real estate and real estate-based business economy as we reach the six-month point of the post-COVID-19 recovery period. Armed with the benefit of pent-up demand and states and businesses moving to fully reopen over the summer, plus the start of the lucrative holiday shopping season, these proven real estate restructuring professionals will offer their thoughts on the sectors that have weathered the storm and the factors that will enable some borrowers to restructure, while others will be forced to liquidate. Additionally, the panelists will identify which sectors could see storm clouds on the horizon.

Focus on strategy for restructuring/recovery in hard-hit industries and adapting for changes in consumer trends (i.e., movies, concert venues, fast-casual restaurants, mall/retail space, business travel).

Join this session for a discussion on plan vs. statutory impairment (Ultra, PG&E), treatment of third-party releases/plan proponents (Millennium (3d Cir.), SunEdison and other recent S.D.N.Y./Del. Decisions; Emerge and Cloud Peak (Del.)), and classification (Novinda (10th Cir. BAP, litigation claims against a creditor justifies separate classification from other unsecureds)). Should all similarly situated creditors have the right to participate in rights offerings, financings, etc. (PacDrilling, Peabody)? The panelists will also discuss feasibility in light of the return of debtors to bankruptcy (including in the energy and retail space). Are reorganizations being rubber-stamped too easily?

This past year has seen a remarkable number of wide splits and controversial opinions. This panel of experts, moderated by ABI Editor-at-Large Bill Rochelle, will discuss and analyze current notable business and consumer bankruptcy cases.

This panel will address recent developments relating to the automatic stay, including City of Chicago v. Fulton and its aftermath, as well as discharge and post-discharge violations.

Every business has an obligation to protect and secure confidential information that it may receive from employees, customers, or clients. For lawyers and law firms, this duty is heightened to an ethical obligation to clients. Remote work environments, which are likely to continue post COVID-19, place additional strains on businesses to ensure that appropriate technology and practices are in place to reasonably protect data. This panel will discuss these ethical obligations generally and will provide practical best practices advice on how to continue to adapt and comply while working in a remote environment. The “new norm” extends the boundaries of the work environment which lawyers and law firms will need to continue to assess, invest in and harden appropriately to protect data accordingly. Sponsored by Freeborn & Peters LLP

This panel will discuss options and issues surrounding distressed shopping centers, retail spaces, apartments, office buildings, and other distressed real estate assets, plus proactive planning for distressed real estate assets.

Most major chapter 11 cases are premised on the results of Restructuring Support Agreements or Plan Support Agreements. This panel will discuss current trends, case law and results in this area of the law.