South Carolina State Approved Sessions

This session will cover barriers to wellness for lawyers, and why lawyers are often reluctant to seek help. This panel will also include achievable strategies that lawyers can employ to enhance their well-being. In addition, this program will review lawyers' ethical obligations, and how enhancing personal well-being and adopting strategies for balancing life’s demands can enhance their ability to comply with these obligations.

Law school can seem like a long time ago, especially when a client walks in the door wanting help on filing for personal bankruptcy. This session will provide an overview of chapter 7: the players, bankruptcy estate, automatic stay, initial consultation and means test. Included in the discussion will be exemptions, preparing schedules, the relevant Bankruptcy Code and Rules sections, local rules, and how to know whether your client can or must redeem, reaffirm or surrender. Brush up on your skills and learn what you need to know about one of the core chapters of consumer bankruptcy.

Divorces are messy enough without introducing bankruptcy into the equation — but when there is a bankruptcy aspect, there are a ton of issues to sort through. What happens in divorce court doesn’t always fly in bankruptcy proceedings, and vice versa. Learn tips for navigating through these often-contradictory laws.

Hosted by the Business Reorganization and Real Estate Committees Join this panel of experts as they offer their perspectives on the state of the real estate and real estate-based business economy as we reach the six-month point of the post-COVID-19 recovery period. Armed with the benefit of pent-up demand and states and businesses moving to fully reopen over the summer, plus the start of the lucrative holiday shopping season, these proven real estate restructuring professionals will offer their thoughts on the sectors that have weathered the storm and the factors that will enable some borrowers to restructure, while others will be forced to liquidate. Additionally, the panelists will identify which sectors could see storm clouds on the horizon.

Hosted by the International, Legislation and Secured Credit Committees This panel will examine and discuss recent trends and issues in the chapter 11 reorganizations of airlines, including foreign-based airlines that have sought chapter 11 protection in the U.S., such as Avianca and LATAM. Additionally, the panelists will analyze governmental and legislative initiatives in the U.S. taken in response to COVID-19 that at the time staved off formal reorganization proceedings for U.S.-based airlines.

Amid criminal seizure and forfeiture actions imposed by the DOJ, SEC and other regulatory bodies, criminals often have no choice but to file for bankruptcy. This panel will explore financial crimes, including Ponzi and FCPA schemes, that have resulted in bankruptcy filings, and the conflict that ultimately arises between the bankruptcy estate and the federal government over criminals’ seized and forfeited assets. The panelists will also delve into asserting a legal interest in the assets, the look-back period, remedies to the bankruptcy estate and priority schemes.

The Small Business Reorganization Act of 2019 was heralded as one of the most important pieces of bankruptcy legislation passed since BAPCPA in 2005. Has the SBRA been widely and effectively used? What important current case law issues exist? Is the SBRA here to stay? Will the $7.5 million debt limit be a permanent change? The panelists will explore these questions and more.

Successful chapter 11 cases require financing from the start. This panel will discuss financing a chapter 11 case from day one through the reorganization plan’s effective date, focusing on complex cash collateral/DIPI financing and exit financing issues.

COVID-19 spurred unprecedented levels of government support. Through Provider Relief Funds, Medicare Advanced Payments, PPP loans and other mechanisms, federal agencies provided substantial liquidity, in some cases with strings attached. Join the panelists as they delve into the effects these funds might have had on fraud and abuse in the health care space.

This panel of experts will examine the effective and proper use of asset-protection vehicles for pre-bankruptcy planning.