Vermont State Approved Sessions

The panel will briefly address the historical use of cannabis in America for medicinal purposes and the subsequent criminalization of cannabis, which was racially motivated. The panel will then discuss the challenges faced by corporate entities that seek to obtain bankruptcy protection when at least a portion of their income is derived from the sale or cultivation of cannabis, the lease of space to cannabis companies, or the sale or manufacture of products used in connection with a cannabis business. The panel also will discuss the nonbankruptcy options for these entities, as well as the financial hurdles faced by such entities. Finally, a representative from a community bank in Maryland will discuss the services that her bank is able to provide to cannabis dispensaries.

This panel will discuss recent bankruptcy court decisions addressing the Delaware Court of Chancery’s decision in CML V LLC v. Bax, and how these decisions impact a creditors’ committee’s or any other creditor’s ability to bring derivative claims against third parties. The panelists will also provide examples of how committees and judges are solving this issue through financing orders and other methods.

This panel will provide an analysis of the current levels of financial distress across the hospital, skilled-nursing and home-health sectors using various measurements, including distributions by state.

This session will focus on professional retention issues in chapter 11 cases, starting with a brief primer on applicable Bankruptcy Code sections. The panelists will then delve into recent case law on such hot topics as disclosures, conflicts and retroactive relief.

The novel coronavirus has certainly induced many systemic changes around the world, and the bankruptcy and restructuring industry is no exception. What once worked in a pre-COVID-19 world might not work anymore, so parties must adapt quickly, often with no precedence upon which to rely. This panel will discuss the idiosyncrasies and novel ways bankruptcy practice is operating, restructuring and adapting to a “new normal,” and how constituencies on all sides of the table are approaching its unique aspects.

Join us for a discussion on the key features of the Paycheck Protection Program (PPP) and the current legal landscape regarding the eligibility of companies in bankruptcy to receive PPP Loans, including an overview of SBA guidance and recent court decisions.

Members of ABI's Commercial Fraud Committee will discuss hot topics related to COVID-19, particularly fraudulent schemes likely expected due to the pandemic and schemes that may be revealed as a result of the pandemic's economic repercussions. The panelists will also address the coronavirus relief bill and resulting potential fraudulent schemes, as well as the international impact of the pandemic.

For two years this group has studied the influence of a judge’s gender on the processing and outcomes in bankruptcy cases. Leveraging several studies in non-bankruptcy cases on whether gender influences judicial decision making, this study has looked at 837 student loan discharge opinions and compared the outcomes of those cases based on the gender of the judge and the gender of the debtor. The results demonstrate a statistically significant difference in the way men and women decide such cases. The study now expects to examine survey results from male and female judges to assess discernible patterns. This panel will present the results of this study and will discuss some or all of the following questions: Does gender affect case management? Does gender affect the perception of witnesses? Implicit bias and gender Should counsel tailor case, trial and argument based on the gender of the judge? If so, how can counsel do so? Does the gender of a party ever play an appropriate role in judicial decision making? What can judges do to ensure that gender plays an appropriate role in case determination?

This panel will discuss areas in which debt-collection laws and the bankruptcy system treat service members, veterans and their families (especially disabled service members and their beneficiaries) differently from civilians. The panel will also discuss such recent legislative changes as the Honoring American Veterans in Extreme Need (HAVEN) Act and the National Guard and Reservists Debt Relief Extension Act, the work of the ABA and other various volunteer bar organizations, issues that can arise when representing service members, veterans and their families, and how you can assist veterans on a pro bono basis. *This program is in memoriam to Hon. Nancy Dreher, who served as a U.S. Bankruptcy Judge in the District of Minnesota for many years and who wrote about and spoke on the importance of pro bono services.

This October 22, 2020 session from the Insolvency 2020 Summit addresses the use of technology by bankruptcy professionals inside and outside of the courtroom. The panel covers practicing in court in a pandemic, lawyers behaving badly, use of technology, lawyers and law firms as bankruptcy debtors, and best practices in fee applications.