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This panel will explore the evolving world of Merchant Cash Advances (MCAs), offering attendees a clear understanding of how MCA transactions work and their role in business financing. Experts will discuss the current legal and regulatory environment shaping the industry, as well as the practical costs and benefits for both funders and merchants. Whether you're new to MCAs or looking to deepen your insight, this session will provide valuable perspectives from legal, financial, and operational standpoints.
Understanding and calculating income can be challenging when it isn't consistent. This panel will explore strategies for assessing income for individuals with variable earnings, including seasonal employees, gig workers, self-employed individuals, and those receiving overtime or bonuses. The panelists also will discuss best practices, tools and policy considerations to ensure accurate and fair income determination in complex financial situations.
Health care bankruptcies present unique legal, operational and regulatory challenges that require specialized strategies and coordination. This session examines recent high-profile health care bankruptcy cases and will analyze the factors driving financial distress in hospitals, senior care facilities and other medical providers. The panelists explore such issues as patient care continuity, treatment of Medicare and Medicaid claims, the role of governmental regulators, and the impact of health care-specific rules on restructuring efforts. Whether representing debtors, creditors or other stakeholders, practitioners will gain insights into navigating the complexities of insolvency in the health care sector.
This webinar will discuss efforts currently underway to amend Bankruptcy Rule 9031 to expand judges’ toolboxes and allow for the appointment of special neutrals (a.k.a. special masters), and will focus on practical considerations in evaluating such an amendment.
As generative AI becomes part of the bankruptcy and restructuring toolbox, professionals face exciting opportunities — and serious obligations. This interactive panel will dive into real-world uses of AI tools, best practices for effective prompting, and the ethical rules you really don’t want to break. The panelists will include live demonstrations and audience Q&A, and discuss how courts and clients are responding to this fast-changing landscape.
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Views from the Bench: Sales - Chapter 11 or § 363?
Should § 363 sales occur early in a case? Should the Federal Foreclosure Act be invoked? The panelists will discuss these issues, as well as sales in confirmation; circumstances under which a court may preclude or limit credit bidding under § 363(k); whether to push for dismissal, conversion, or a liquidating trust; mootness and appeals; Rule 9019 settlements combined with sales to make them harder to appeal; whether Fulton will further increase the power of secured creditors; and extraordinary changes in the economy (delay or convert?).
ABA: Artificial Intelligence: Friend or Foe?
The use of artificial intelligence and machine learning is becoming increasingly prevalent in the practice of law. Lawyers are using AI to assist in a multitude of tasks, including document management and review, analytics, and legal research. This program will provide an overview of how AI is being used by lawyers today, the advantages and drawbacks in using AI, and the potential ways in which AI may be used now and in the future in bankruptcy practice.
ABA: Gender & Judging: Does the Gender of the Judge Matter in Bankruptcy Court Adjudications?
For two years this group has studied the influence of a judge’s gender on the processing and outcomes in bankruptcy cases. Leveraging several studies in non-bankruptcy cases on whether gender influences judicial decision making, this study has looked at 837 student loan discharge opinions and compared the outcomes of those cases based on the gender of the judge and the gender of the debtor. The results demonstrate a statistically significant difference in the way men and women decide such cases. The study now expects to examine survey results from male and female judges to assess discernible patterns. This panel will present the results of this study and will discuss some or all of the following questions:
Does gender affect case management?
Does gender affect the perception of witnesses?
Implicit bias and gender
Should counsel tailor case, trial and argument based on the gender of the judge? If so, how can counsel do so?
Does the gender of a party ever play an appropriate role in judicial decision making?
What can judges do to ensure that gender plays an appropriate role in case determination?
ABA: Pro Bono (CLE): Helping Those Who Have Borne the Battle — Working with Veterans, Service Members and Their Families on Financial Issues
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.
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