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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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Representing Chapter 7 Debtors After the Petition Is Filed and the § 341 Meeting Is Held
You’ve filed the petition and schedules and attended the § 341 meeting. What happens next? This session will focus on the ongoing representation and responsibilities of a debtor’s attorney after filing a chapter 7 petition and completing the § 341 meeting to ensure that the debtor gets and keeps a discharge and any assets they are entitled to. What should a debtor’s attorney do if the asset values that the debtor lists on his or her schedules change after the petition is filed? What ongoing responsibilities does a debtor’s attorney have regarding reaffirmation agreements and assumption of leases by the debtor? What can a debtor’s attorney do to monitor and ensure the prompt administration of assets in the chapter 7 case by the trustee? Can the debtor’s attorney move for abandonment of assets that the trustee is not administering, and what are the legal standards for abandonment? How can a debtor’s attorney best counsel a chapter 7 debtor to cooperate with the trustee so as to avoid jeopardizing their discharge or, if a discharge has already been granted, to avoid creating a basis for revocation of discharge? What are the standards for revocation of discharge?
Chapter 11 Basics for Creditors’ Attorneys
Lawyers representing mortgage creditors, car creditors and unsecured creditors in consumer chapter 7 and 13 cases are familiar with the routine actions they can take to protect their clients (e.g., move to lift the stay, file proofs of claims and analyze disposable-income issues). But what actions can they take to protect their clients when an individual or small business debtor files chapter 11? What strategies and considerations should secured creditors use to decide whether to move to lift the stay? How active should unsecured creditors be in a chapter 11 before the debtor files a plan of reorganization? What strategies and considerations go into creditors’ evaluations of and voting on the debtor’s plan of reorganization? What initial issues do creditors’ attorneys need to think about when they receive notice of a chapter 11 petition, and how do these issues differ from the initial issues they need to think about when they receive a notice of a chapter 7 or 13 petition? Are proofs of claims handled differently in chapter 11, and if so, how? How do you explain the options to your client and manage your client’s expectations in chapter 11 so that they understand the potential costs and time involved?
Chapter 11 Basics for Debtors’ Attorneys
Many consumer bankruptcy lawyers now find themselves filing chapter 11 petitions for individuals and small businesses, but chapter 11 cases are different than chapter 13 cases. This session will focus on the basics of filing and handling a chapter 11 case, including who is eligible to file a chapter 11 petition, the reasons to file chapter 11 rather than chapter 7 or 13, the ongoing reporting responsibilities of a debtor in possession, what goes into the preparation of a plan of reorganization and disclosure statement, how a chapter 11 plan differs from a chapter 13 plan, how the process of balloting on the plan of reorganization works, the requirements that must be met to confirm a plan of reorganization, and the time frames that govern the handling of chapter 11 cases.
Evidence and Trial Skills in Consumer Bankruptcy Cases
This session will use a common fact pattern and feature demonstrations of arguments and examinations regarding such evidentiary issues as whether a witness may appear by telephone, video or deposition; admissibility of expert testimony on value; whether an expert may rely on the testimony of other experts; when lay witness testimony on value may be admissible; and demonstrations of examinations of experts and nonexperts regarding valuation and other common issues that arise in evidentiary hearings. By extensively using role play, this session will create real settings for consumer bankruptcy attorneys to help them handle evidentiary hearings in bankruptcy court.
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