Arizona State Approved Sessions

This panel will present views from the perspectives of management, debtor’s counsel and creditors' committee’s counsel on hot-button and common issues in public company bankruptcies. These large and interesting cases are not filed every day, but their frequency has been on the rise because of the role of special purpose acquisition companies (SPACs). The panelists will discuss the nuances of what makes public company bankruptcies different.

Subchapter V opinions of first impression are being entered around the country every year. This panel will discuss the most recent subchapter V opinions and analyze how bankruptcy practitioners and courts are creatively filling subchapter V's statutory gaps.

This panel will discuss the various issues surrounding merchant cash advance (MCA) lenders from the perspectives of MCA lenders, debtors, the bench, and other secured creditors whose interests may be affected by MCA lenders.

Who is your client? This panel will discuss navigating thorny engagement issues that can arise from representing affiliated debtors, conflicts that can occur when representing closely held businesses, the importance of disclosing connections, and how these issues affect attorneys, financial advisors and other professionals.

This session will provide a general overview of the involuntary bankruptcy process, and will drill down into what it means for a claim “not to be subject to a bona fide dispute," what happens or does not happen during the “gap period,” soliciting and adding creditors to the petition, and the ramifications of when an involuntary filing is dismissed for bad faith.

In this session, financial professionals will discuss understanding the client's current financial situation, tax implications of attorney decisions, and how to build projections and budgets.

This panel will discuss the various tools and strategies available to insolvency professionals when small businesses attempt to restructure and avoid closure. The panelists will explore nonbankruptcy options available to these businesses, particularly in the current economic climate, including forbearance agreements, longer-term workouts and refinancing, as well as recent case law developments affecting out-of-court workouts for both debtors and creditors. The discussion also will include some of the bankruptcy options available to these businesses, how these businesses can analyze if and when chapter 11 (or chapter 7) provides the best (or only) path forward, and what creditors can do to prepare for an inevitable filing. Finally, the panelists will review bankruptcy eligibility requirements for small businesses in subchapter V and single-asset real estate cases, recent case law developments in subchapter V that practitioners must know about when evaluating bankruptcy options, and other important hurdles and considerations that these types of businesses can expect to encounter today.

Large cryptocurrency filings have been making headlines, but the implications and complexities of these filings are even broader. This panel will discuss what you need to consider when navigating a cryptocurrency filing, such as valuation issues, custodial arrangements, pending white collar investigations, and the challenges such complexities pose.

This session will discuss the recent changes with the Department of Justice’s new Student Loan Discharge program. The panelists will explore the scope and limitations of the program, as well as best practices, including the importance of a client's present financial circumstances, expenses and repayment ability.

This session considers developments in recent case law, including fraudulent transfers in the context of tax lien foreclosures and aggressive pre-bankruptcy planning, alternative noticing, fee issues involving bifurcation and disgorgement, and dischargeability issues. The panelists will provide their perspectives and analyses from the bench, bar and trustee system regarding these latest updates.