No CLE

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.

Subchapter V is the newest option for debtors to reorganize in bankruptcy. Learn from a panel of experienced subchapter V trustees what it is all about and how subchapter V has changed the bankruptcy landscape for the better.

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.

Rule 3002.1 exists to protect debtors and creditors from unnecessary disputes over the status of current and former chapter 13 debtors’ mortgage loans. A recent Second Circuit opinion (In re Gravel) calls into question the ability of bankruptcy courts to impose monetary sanctions on mortgage-servicers that fail to comply with Rule 3002.1’s requirements. In this session, the panelists will cover both Gravel (and the dissent) and a recent bankruptcy court opinion (In re Blanco) that rejects the reasoning in Gravel. Can the two cases be reconciled? What is the standard that must be established to justify the imposition of sanctions when mortgage-servicers fail to comply with Rule 3002.1’s requirements, and what are the limitations on the amount of sanctions that can be considered appropriate? The panelists will discuss these questions along with additional legal actions and notices that consumer attorneys should take in these cases, as well as using an adversary proceeding in lieu of a motion.

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.

To make meaningful progress, legal professionals and the organizational cultures they inhabit must adopt a learning goal orientation and be willing to change. Join this keynote panel of legal professionals from across the nation for an active discussion on the business impacts of racial and gender diversity, equity, and inclusion within the legal industry. The panel will begin with a plenary session followed by breakout rooms.