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The panel will briefly address the historical use of cannabis in America for medicinal purposes and the subsequent criminalization of cannabis, which was racially motivated. The panel will then discuss the challenges faced by corporate entities that seek to obtain bankruptcy protection when at least a portion of their income is derived from the sale or cultivation of cannabis, the lease of space to cannabis companies, or the sale or manufacture of products used in connection with a cannabis business. The panel also will discuss the nonbankruptcy options for these entities, as well as the financial hurdles faced by such entities. Finally, a representative from a community bank in Maryland will discuss the services that her bank is able to provide to cannabis dispensaries.

Based on the TED Talks format, this year’s ABI Talks will focus on three discrete issues: (1) the coronavirus, namely the reaction of the market, what industries have been/are going to be hurt the most, and the potential short-term and long-term financial implications of the outbreak, including bringing otherwise-healthy industries into the bankruptcy discussion (such as airlines, oil companies, cruise lines, etc.); (2) the changing public perceptions of bankruptcy, looking at the way history has moved from imprisoning debtors to bankruptcy being such a commonly accepted tool to address debts that even the President has used it; and (3) social issues in bankruptcy, such as the #MeToo movement and the Catholic priest and Boy Scouts scandals.

More than 14 years after Congress amended the Bankruptcy Code to provide special rules and procedures for “small business debtors,” it enacted the Small Business Reorganization Act of 2019. In the wake of the economic damage caused by COVID-19 and the necessary governmental response, Congress then amended the SBRA in the CARES Act to raise the debt limit to $7.5 million (subject to a possible one-year sunset). How will the SBRA change your practice? With a $7.5 million debt limit, standing trustees, a streamlined reorganization process, the elimination of the absolute priority rule and § 1129(a)(10), and the possible modification of certain mortgages, the SBRA presents new opportunities for small business debtors and their stakeholders. This panel will take a look at cases under the new law in its early days, as well as how it impacts eligible individual debtors (and their creditors).

As Bankruptcy Courts hold hearings across a variety of remote platforms, how can attorneys and other bankruptcy professionals ensure they are most effectively representing their clients? This expert panel will discuss best practices for appearing remotely, offering tips on preparing witnesses for testimony, presenting an effective “virtual” courtroom presence, and maintaining proper courtroom etiquette in the new normal, and will also address several ethics considerations in our new "Virtual" reality. These include: Coaching the witness (or not!) Maintaining privilege/confidentiality when dealing with co-counsel and clients over a remote platform in real time

How are lenders, borrowers and vested parties adapting to a rapidly changing environment? Are lenders and other creditors becoming more or less aggressive as business plans and borrowing bases are indefinitely affected by the suppressed commercial activity from the coronavirus? The panelists explore these issues and more.

Consumer cases require quick, effective and efficient answers to complex legal issues. Bankruptcy cases are expected to surge as a result of the economic consequences wrought by COVID-19, creating a logjam in the bankruptcy courts that is expected to continue. Mediation is the relief valve, providing opportunities for consumer practitioners to minimize delay and resolve intractable problems. The panelists will discuss the phases of mediation, applicable rules and statutes, cases most suitable for mediation, how to select a mediator, confidentiality and privilege issues, how to prepare both your client and your case, remote mediation, and best practices for achieving a favorable result.

The panelists will cover a host of topics, ranging from ethical issues surrounding micro-business chapter 7 cases, confidentiality and ethical issues related to working remotely, to limited representation and obligations of counsel in bankruptcy. You'll also hear a trustee's perspective on conflicts, retention and employing special counsel.

The panel, featuring a judge, opposing expert witnesses and opposing counsel will present a role play type discussion on valuation testimony in bankruptcy court. The focus of the discussion will be on best practices in attacking and defending expert witness testimony and will also touch on recent pandemic issues impacting valuations.

This panel will address some of the coronavirus-related issues currently facing debtors in chapters 7 and 13, including the effects of the CARES Act on consumer filings, the role of exempt assets in good-faith analyses and disposable-income calculations, and how to address business issues in consumer cases.