Arkansas State Approved Sessions

Unemployment rates are slowly dropping after hitting an all-time high in April of this year and remaining in the double digits for four months straight. However, the effects of the ongoing pandemic remain. Rent payments are down, and homeowners are delaying payments on their mortgages. The Federal Reserve has dropped interest rates to near-zero, and small business revenue nationwide is down nearly 20%, even after accounting for the thousands of businesses that have already closed for good. Congress, states and local governments are scrambling to put policies and programs in place that will help forestall financial collapse. As bankruptcy practitioners and scholars, this is our moment — or is it? This presentation will explore the role that bankruptcy policy can and should play in a global pandemic, discuss the role that bankruptcy policy has already begun to play, and query what factors may be limiting the effectiveness of bankruptcy policy in easing financial distress and limiting unnecessary business closures.

When developing a strategy for an entity in distress, good insolvency lawyers weigh all their options, both in and out of bankruptcy. This presentation will consist of two mock client consultations (one debtor-focused and one creditor-focused) discussing the pros and cons of various alternatives to bankruptcy. The presentation will culminate in a mock status conference before a federal district court in an action where the plaintiff is seeking the appointment of a federal receiver in a loan-enforcement action. This session also will provide an in-depth examination of assignments for the benefit of creditors, as well as state and federal receiverships.

Against the backdrop of the recent COVID-19 health crisis, this session will focus on issues relating to crisis management in the business and practice of bankruptcy law. The panelists will discuss best practices for disaster recovery and business-continuity planning, technology solutions for navigating a crisis, and various legal and ethical issues that arise during a time of crisis. The panelists will also address mental health and personal wellness issues that can arise during and after a crisis.

This panel of legal experts will break down topical circuit-level and bankruptcy court rulings that are dividing circuits across the country.

The health care industry in general, and hospitals in particular, have been severely affected by the COVID-19 pandemic in many respects. At its most basic level, the impact has been devastating financially. The American Hospital Association estimates that between March 1 and June 30, 2020, hospitals will have suffered financial losses of $202.6 billion, or approximately $1.66 billion per day. These losses affect all hospitals, whether they are part of large chains or are stand-alone nonprofits. Economists expect the result to be more financial failures, mergers and bankruptcy filings in an industry that was already in dire financial straits. The panelists will discuss several issues that have been pushed to the forefront by the recent decisions in Gardens Medical Center and Verity Health Systems.

This panel of legal and business experts will examine the ripple effects of the COVID pandemic on the real estate world, including its impact on office buildings, retail, hospitality and lending. Starting with a brief overview of the market, the panelists will explore the domino effects of the pandemic on tenants, landlords, lenders and investors. What is different about this crisis from previous real estate downturns, and how will (or should) strategies differ? Will we see a wave of SAREs? What exacerbating problems could arise in retail bankruptcies (such as co-tenancy agreements in malls) or hospitality cases (such as franchise and flagging issues)? What opportunities will exist in 363 sales, lease assignments and discounted loans? This lively discussion of legal issues and business strategies promises to make you think of COVID effects in whole new ways.

Whether you are a seasoned practitioner looking for a refresher on basic concepts or are venturing into the area of distressed business valuation for the first time, this session provides a toolbox overview of the fundamentals of valuation methodology. Topics include: definitions of value commonly used valuation methodologies CAPM and MCAPM application of systemic and unsystemic risk adjustments

Many higher-education institutions find that COVID-19 simply shined a harsh spotlight on what had already been a slow burn, ignited by demographics, debt, distress and denial. Join our panelists for a thoughtful conversation about how we got here, and which institutions are most at risk. A discussion of chapter 11 issues and alternatives for nonprofit colleges will follow, with time for questions at the end.

Back by popular demand! This panel is in the format of the classic current-events TV program “Crossfire” and will address “hot” and “interesting” bankruptcy issues that are not being addressed in the other sessions. Each topic discussed will have parties taking opposing positions (pro/con).

Whether you are a seasoned practitioner looking for a refresher on basic concepts or are venturing into the area of distressed business valuation for the first time, this session provides a toolbox overview of the fundamentals of valuation methodology. Topics include: Definitions of value Commonly used valuation methodologies CAPM and MCAPM Application of systemic and unsystemic risk adjustments