No CLE

Amid criminal seizure and forfeiture actions imposed by the DOJ, SEC and other regulatory bodies, criminals often have no choice but to file for bankruptcy. This panel will explore financial crimes, including Ponzi and FCPA schemes, that have resulted in bankruptcy filings, and the conflict that ultimately arises between the bankruptcy estate and the federal government over criminals’ seized and forfeited assets. The panelists will also delve into asserting a legal interest in the assets, the look-back period, remedies to the bankruptcy estate and priority schemes.

If you are newer to chapter 13 practice, you won’t want to miss this panel. Join a judge, chapter 13 trustee, and debtor and creditor counsel as they show you how to navigate a chapter 13 case from both debtor and creditor perspectives. The discussion will include plan drafting and modification, claims filing, objecting to confirmation, dismissal, conversion, and getting paid in chapter 13 cases, as well as an overview of the tools you must take advantage of to make a chapter 13 work.

Law school can seem like a long time ago, especially when a client walks in the door wanting help on filing for personal bankruptcy. This session will provide an overview of chapter 7: the players, bankruptcy estate, automatic stay, initial consultation and means test. Included in the discussion will be exemptions, preparing schedules, the relevant Bankruptcy Code and Rules sections, local rules, and how to know whether your client can or must redeem, reaffirm or surrender. Brush up on your skills and learn what you need to know about one of the core chapters of consumer bankruptcy.

The Small Business Reorganization Act of 2019 was heralded as one of the most important pieces of bankruptcy legislation passed since BAPCPA in 2005. Has the SBRA been widely and effectively used? What important current case law issues exist? Is the SBRA here to stay? Will the $7.5 million debt limit be a permanent change? The panelists will explore these questions and more.

This session will focus on the loan and debt-relief options that were created by the Coronavirus Aid, Relief and Economic Security Act (CARES Act) of 2020, and their impact on debtors and bankruptcy law and practice. The session will begin with a brief primer on the Paycheck Protection Program (PPP) lending program and Main Street lending programs, then delve into the various bankruptcy issues that have since emerged related to these lending programs, including access to loans, priority and subordination of lender claims, and certifications regarding future bankruptcy filings.

This roundtable will introduce new judges, provide updates from the Eastern and Southern Districts of New York (and surrounding areas) about court rules and practices, and discuss topics of general interest to the bar.

In this virtual variation on the in-person format, a nationwide group of distinguished judges will discuss current bankruptcy and practical skills issues in an innovative Zoom-style presentation. The judges will rotate to a new online “room,” allowing participants to maximize their time and gain valuable insights into best practices.

The Judges Roundtable will provide opportunities for discussion and interaction with our exciting panel of judges from around the country. Participants can engage in a small group format on the following three topics: (1) What happens when the various COVID moratoria on enforcement end; (2) who gets the benefit of post-petition appreciation of an asset when a case converts from chapter 13 to chapter 7; and (3) measuring the success of the Small Business Reorganization Act of 2019.

The judges of this year's Rocky Mountain Bankruptcy Conference will hold in-depth discussions on navigating virtual hearings and what we have learned from the pandemic; the benefits of filing commercial cases in Rocky Mountain jurisdictions; gross-income calculations in light of the closures of small, closely held businesses; trends in consumer/small business cases during the pandemic; and ethics and professionalism in a (more) virtual world.

Small group breakouts led by the judges of the Southeast Bankruptcy Workshop will focus on different ethical dilemmas facing practitioners.