No CLE

This panel will offer a unique take on Chapter 11 issues. Join our panelists as they walk through hot topics and other thorny territory in the Chapter 11 landscape.

The record-setting 11-year national economic expansion has now been displaced by the worst pandemic in a generation. In this session, moderated by Bankruptcy Judge Michelle Harner (D. Md.), Professors Abbye Atkinson (UC Berkeley School of Law) and Roger Tutterow (Kennesaw State University) consider how pandemic-related economic challenges are impacting household spending, corporate performance, and the ability of both consumers and corporate entities to service existing debt obligations. The discussion will also engage with issues such as reductions in labor force participation, the Federal Reserve’s commitment to low short-term interest rates, trends in access to credit and forbearance of debt, the role of debt in smoothing household consumption, and the socioeconomic implications of these shifts. You will not want to miss this lively discussion concerning the perfect storm we are now experiencing.

A panel of experts in agriculture bankruptcy insolvency matters will discuss the unique issues and legal strategies facing professionals in these cases, such as problems facing family operations, the nature and benefits of chapter 12 proceedings, plan strategies in chapter 11 and 12 cases, and traps for the unwary in dealing with the different constituencies in a farm case. As these cases become more prevalent, well-prepared practitioners will need a working knowledge of the issues confronting the agricultural sector. This panel will give you expert insights into the tools you need to manage these types of cases.

Finally, you think you have the case of your dreams. How do you manage to navigate employment before the bankruptcy court? How do you ensure that you get paid and that neither you nor your client do anything to jeopardize your fees or your reputation? Join this discussion with an esteemed panel and numerous bankruptcy judges in breakout rooms as we discuss the often-confusing ethical issues that present themselves in employment.

This panel will discuss areas in which debt-collection laws and the bankruptcy system treat service members, veterans and their families (especially disabled service members and their beneficiaries) differently from civilians. The panel will also discuss such recent legislative changes as the Honoring American Veterans in Extreme Need (HAVEN) Act and the National Guard and Reservists Debt Relief Extension Act, the work of the ABA and other various volunteer bar organizations, issues that can arise when representing service members, veterans and their families, and how you can assist veterans on a pro bono basis. *This program is in memoriam to Hon. Nancy Dreher, who served as a U.S. Bankruptcy Judge in the District of Minnesota for many years and who wrote about and spoke on the importance of pro bono services.

Members of ABI's Commercial Fraud Committee will discuss hot topics related to COVID-19, particularly fraudulent schemes likely expected due to the pandemic and schemes that may be revealed as a result of the pandemic's economic repercussions. The panelists will also address the coronavirus relief bill and resulting potential fraudulent schemes, as well as the international impact of the pandemic.

Join us for a discussion on the key features of the Paycheck Protection Program (PPP) and the current legal landscape regarding the eligibility of companies in bankruptcy to receive PPP Loans, including an overview of SBA guidance and recent court decisions.

The novel coronavirus has certainly induced many systemic changes around the world, and the bankruptcy and restructuring industry is no exception. What once worked in a pre-COVID-19 world might not work anymore, so parties must adapt quickly, often with no precedence upon which to rely. This panel will discuss the idiosyncrasies and novel ways bankruptcy practice is operating, restructuring and adapting to a “new normal,” and how constituencies on all sides of the table are approaching its unique aspects.

This session will focus on professional retention issues in chapter 11 cases, starting with a brief primer on applicable Bankruptcy Code sections. The panelists will then delve into recent case law on such hot topics as disclosures, conflicts and retroactive relief.

This panel will provide an analysis of the current levels of financial distress across the hospital, skilled-nursing and home-health sectors using various measurements, including distributions by state.