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ABI Talks: Coronavirus, Public Perception, and Social Issues
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.
The Small Business Reorganization Act of 2019
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).
Virtually Effective: Conducting Professional and Persuasive Hearings on Remote Platforms
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
Out of Workouts
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.
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