No CLE

This panel will discuss several key and unique issues that have arisen in a national sampling of retail chapter 11 cases, including the effects of the COVID-19 pandemic. The panelists will explore the cases’ varied results, the processes employed to reach each conclusion, and the issues that arose along the way. Specifically, topics include “GOB” sale processes, consignments, sales of intellectual property, § 503(b)(9) claims, cash collateral and DIP lending, landlord/tenant disputes, and certain case-specific nuances.

Hosted by the Bankruptcy Litigation and Consumer Bankruptcy Committees This panel will discuss the current state of the law and open issues regarding the automatic stay, discharge injunction and sanctions in light of the Supreme Court’s rulings in Fulton v. City of Chicago and Taggart v. Lorenzen.

Bankruptcy Judges Elizabeth Brown and Michael Romero will discuss the year’s widest splits and most controversial opinions with ABI Editor-at-Large Bill Rochelle. They also will analyze important decisions from the Tenth Circuit, the BAPs and the District of Colorado.

This panel will provide an overview of the requirements for a reorganization plan in subchapter V cases under the Small Business Reorganization Act, including the new fair-and-equitable standard for cramdowns, and effective strategies to get to plan confirmation.

This panel will explore the eligibility of small businesses to file under the Small Business Reorganization Act of 2019 (SBRA) and the benefits of doing so, along with recent developments and hot topics in this area of the law. The panelists will also discuss Paycheck Protection Program (PPP) loans and whether these loans count toward debt ceilings (is it debt or a grant?), as well as § 525, which prohibits the Small Business Administration (SBA) from discriminating against debtors.

This panel will provide a brief overview of how subchapter V is working in the system, the role of trustees, and hot topics related to subchapter V, including eligibility, disposable income, post-confirmation default and remedies, and much more.

The pandemic changed the world of bankruptcy judges and bankruptcy practitioners. This panel will provide critical information to help you make sure you have the tools necessary to participate in this race to change.

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.