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Real Estate in 2021 and Beyond: Trends from the Pandemic

This panel of legal and business experts will examine the ripple effects of the COVID pandemic on the real estate world, including its impact on office buildings, retail, hospitality and lending. Starting with a brief overview of the market, the panelists will explore the domino effects of the pandemic on tenants, landlords, lenders and investors. What is different about this crisis from previous real estate downturns, and how will (or should) strategies differ? Will we see a wave of SAREs? What exacerbating problems could arise in retail bankruptcies (such as co-tenancy agreements in malls) or hospitality cases (such as franchise and flagging issues)? What opportunities will exist in 363 sales, lease assignments and discounted loans? This lively discussion of legal issues and business strategies promises to make you think of COVID effects in whole new ways.

Health Care Issues

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.
56 minutes 58 seconds

We Give a Split! Overview of Circuit Splits on Current Issues

This panel of legal experts will break down topical circuit-level and bankruptcy court rulings that are dividing circuits across the country.
1 hour 21 minutes 39 seconds

Ethics: Crisis Management in Bankruptcy: Dealing with a Dangerous World

Against the backdrop of the recent COVID-19 health crisis, this session will focus on issues relating to crisis management in the business and practice of bankruptcy law. The panelists will discuss best practices for disaster recovery and business-continuity planning, technology solutions for navigating a crisis, and various legal and ethical issues that arise during a time of crisis. The panelists will also address mental health and personal wellness issues that can arise during and after a crisis.
1 hour 28 minutes 43 seconds

Remember When We Had a Hospitality Industry?

This panel will discuss current issues affecting the embattled hospitality sector, primarily the restaurant and hotel industries. The panelists will discuss current topics in bankruptcy and out-of-court restructurings, sales and liquidations.

Completing the Case: Your Case Is Done; Now What?

This panel will identify issues that could arise during discharge preparation and immediately post-discharge during your debtor client’s case, including judgment liens, comfort orders, nondischargeable debt, destruction of your client’s file, failure to comply with a Notice of Final Cure, credit report post-discharge and credit repair.

Small Business Reorganization Act of 2019/Subchapter V

This panel will review the basics of the Small Business Reorganization Act of 2019, as well as recent case law and issues that have cropped up since the SBRA went into effect in February 2020. Topics discussed will include an overview of subchapter V and how it differs from traditional chapter 11, qualifying corporate (and individual) debtors, debt limits pre- and post- CARES Act, the PPP and its changing role in subchapter V, the role of a subchapter V trustee, and conversion/redesignation of a case to subchapter V.
1 hour 16 minutes 26 seconds

Case Law Update (2020 Midwestern Virtual Bankruptcy Institute)

This panel of bankruptcy judges from the Eighth and Tenth Circuits will discuss several recent decisions from the U.S. Supreme Court, the Eighth and Tenth Circuit Courts of Appeals and Bankruptcy Appellate Panels, and elsewhere that are likely to impact your bankruptcy practice.

Elimination of Bias in Bankruptcy Proceedings

Sponsored by Husch Blackwell LLP The Kirwan Institute for the Study of Race and Ethnicity defines implicit bias as “the attitudes or stereotypes that affect our understanding, actions, and decisions in an unconscious manner.” According to the Kirwan Institute, “[t]hese biases, which encompass both favorable and unfavorable assessments, are activated involuntarily and without an individual’s awareness or intentional control.” Researchers have found that implicit biases can impact many aspects of an individual’s life. For the bankruptcy attorney, it is imperative to consider whether implicit bias affects her day-to-day interactions with clients. This session will highlight studies confirming the pervasiveness of implicit bias, as well as empirical research establishing its influence on bankruptcy proceedings. The session will also provide techniques for reducing and/or eliminating the impact of implicit bias.
1 hour 29 minutes 35 seconds

Financial Expert Presentation: A Virtual Mock Hearing

Sponsored by Williams-Keepers LLC This panel will present a mock hearing consisting of direct and cross-examination of a financial advisor in connection with a contested chapter 11 confirmation hearing. Panelists will also discuss best practices and strategies for presenting and eliciting testimony in an evidentiary hearing.
1 hour 14 minutes 46 seconds