Arkansas State Approved Sessions

A complex web of divergent actors pose consistent threats to data handled by the judiciary and the legal profession. This salon will focus on basic principles of cybersecurity and best practices for maintaining resiliency. No IT experience required – this session is intended to help empower all participants in managing risk and contributing to the collective defense against this bane of our 21st Century existence.

This program would focus on what each section of 523 is really meant to address. Unfortunately, these complaints, more often than not, tend to recite a story and then the plaintiff tries to establish a cause of action under each provision of 523 to see what will stick, rather than pleading just the correct and applicable section(s).

This session will discuss how to get your consumer bankruptcy appeal across the finish line. We’ll cover strategic considerations, common pitfalls (e.g., standing, finality, mootness) and tips for navigating the course.

What is in a liquidating trust agreement? What sections of the Bankruptcy Code continue to apply? Is a liquidating trustee really an estate representative under 1123(b)(3)? If so, what are the limits? What liquidating trust issues should the bankruptcy court retain jurisdiction over and what should be kicked to state court given it is a trust created under state law?

Build a program on the upcoming ruling in the US Supreme Court case involving the City of Chicago’s auto impound and ticketing practices. The case is Illinois v. Fulton. This could have impact on repossession, bank account freezes and other creditor action. It is a national issue.

This important plenary session will set the stage for the Annual Spring Meeting by discussing the economic, scientific and behavioral influences that will, at least in part, shape the restructuring landscape in the coming year. Led by a major international media organization, the panel discussion will include leaders from key constituent groups in the restructuring arena, including law firms, investment bankers, lenders and other financial leaders. The panelists will focus on macroeconomic predictions for 2021, industry expectations and risks, and how the COVID-19 pandemic and vaccines will impact the economy in 2021 and beyond.

The SBRA has been in effect for a year, and for most of that time it has been operating on an increased debt limit of $7.5 million due to the pandemic. How is the SBRA currently being used, what issues have arisen, and has it been effective overall for restructuring small businesses?

Hosted by the Business Reorganization and Unsecured Trade Creditors Committees This panel of legal experts and indenture trustees will discuss current insolvency-related corporate trust issues, including pre- and post-default rights, standing to pursue litigation claims, disparate treatment among bondholders and other creditors of equal priority, conflicts between majority and minority bondholders, and settlement mechanics inside and outside of bankruptcy.

Hosted by the Commercial and Regulatory Law and Health Care Committees This panel will address issues that have recently arisen at the intersection of health care and commercial/regulatory law, including regulation and ownership of cloud-based/electronic records, state regulation of nonprofit debtors, and recent developments in Medicare/Medicaid recoupment rights.

Sponsored by Business Reorganization Committee Over the past decade, companies burdened with significant asbestos and other tort liability have utilized the so-called “Texas Two-Step” strategy to separate those tort liabilities from core assets and resolve them through the chapter 11 bankruptcy process. The “Texas Two-Step” involves a “divisional merger” permitted under the Texas Business Organizations Code and has garnered renewed national attention when it was used by Johnson & Johnson last month as the means to address tort liability arising from its talc products. Please join us for a webinar where our esteemed panelists will provide an overview of the Texas Two-Step, including key rulings, as well as important features and considerations in large tort bankruptcy cases generally, and discuss their reactions to and predictions for the J&J bankruptcy cases.