No CLE

A panel of judges and ABI 40under40 honorees will be debating key bankruptcy issues including arbitration disputes, cramdown provisions and more! Listen in, weigh in and learn a lot! First Debate Cramdowns “East vs. West” Resolution 1: An arbitrator should decide whether disputes in bankruptcy cases and proceedings are subject to arbitration. Pro: Andrew Helman Con: Lindsi Weber Resolution 2: All disputes in bankruptcy cases and proceedings can be subjected to binding arbitration. Pro: Hon. Michael Fagone Con: Hon. Daniel Collins Second Debate Cramdowns “North vs. South” Resolution: Section 1129(a)(10) dictates that a joint chapter 11 plan may be confirmed if a single impaired class with claims against any debtor accepts the joint plan. Pro: Hon. Mary Grace Diehl & Jonathan Edwards Con: Hon. Michael Wiles & Erica Weisgerber

This plenary will present two exciting debates on timely circuit split topics. Judges will be paired with emerging regional leaders to face off over key bankruptcy issues. Resolved: The automatic stay terminates automatically after a repeat filing only to property of the debtor, and not to estate property. Resolved: A “makewhole” provision may be enforced against a debtor and is not disallowed as “unmatured interest” pursuant to Bankruptcy Code § 502(b)(2).

This panel features seasoned professionals discussing and demonstrating how to address and negotiate appropriate bid procedures and run an effective sales process. The panelists will discuss these issues in the presence of a judge through the presentation of a hypothetical sale that has more than its share of complicating factors. Sponsored by Perkins Coie LLP

The health care industry is plagued by fraud and abuse issues. What have we seen already, what do we anticipate seeing in the future, and what do health care providers need to know going forward?

COVID-19 spurred unprecedented levels of government support. Through Provider Relief Funds, Medicare Advanced Payments, PPP loans and other mechanisms, federal agencies provided substantial liquidity, in some cases with strings attached. Join the panelists as they delve into the effects these funds might have had on fraud and abuse in the health care space.

The health care industry in general, and hospitals in particular, have been severely affected by the COVID-19 pandemic in many respects. At its most basic level, the impact has been devastating financially. The American Hospital Association estimates that between March 1 and June 30, 2020, hospitals will have suffered financial losses of $202.6 billion, or approximately $1.66 billion per day. These losses affect all hospitals, whether they are part of large chains or are stand-alone nonprofits. Economists expect the result to be more financial failures, mergers and bankruptcy filings in an industry that was already in dire financial straits. The panelists will discuss several issues that have been pushed to the forefront by the recent decisions in Gardens Medical Center and Verity Health Systems.

Prof. VanHorn will examine the economic challenges facing the U.S. health care industry, as well as trends that will affect the future configuration of health care services. He will also highlight the price variations that exist in U.S. health care, and discuss the move toward consumerism and price transparency.

Consolidations and closures of small colleges, and increasing demands on charter schools' finances, have been growing trends that have only been exacerbated by the COVID pandemic. This panel will discuss how the pandemic has impacted enrollment, financing and out-of-court workouts, and, where appropriate, chapter 7 and 11 filings. The panelists will also consider the effects of COVID-related litigation regarding tuition reimbursement and potential enrollment contract modifications.

Our Host will challenge the “deans” of bankruptcy and our esteemed contestants with riveting bankruptcy trivia.

Join ABI Editor-at-Large Bill Rochelle as he hosts a panel of bankruptcy judges to discuss circuit splits on important consumer bankruptcy issues. This panel will be presented in a fun game-show format where the judges will vote to resolve the issues before they reach the U.S. Supreme Court.