Govt. Claims/Sovereign Immunity

This session will focus on the loan and debt-relief options that were created by the Coronavirus Aid, Relief and Economic Security Act (CARES Act) of 2020, and their impact on debtors and bankruptcy law and practice. The session will begin with a brief primer on the Paycheck Protection Program (PPP) lending program and Main Street lending programs, then delve into the various bankruptcy issues that have since emerged related to these lending programs, including access to loans, priority and subordination of lender claims, and certifications regarding future bankruptcy filings.

Although mediation is a recommended method of dispute resolution by many government agencies, in the bankruptcy context it is often hard to get government litigants to the table. This panel will explore the Issues and methods of mediating disputes in commercial cases that involve governments and such government agencies as the SEC, EPA, and FCC, as well as state attorneys general and relevant state agencies. Issues to be discussed include how to get the decision maker into the room and how to get a governmental party to the table when its policy agenda may go beyond the business issues in the case at hand. In some instances, there may be perceived statutory impediments or “conflicts” between the government agency as regulator and as creditor. The focus will be on restructuring-determinative issues involving government agencies and adversary proceedings between debtors or other creditor constituencies and government agencies. The program will not include discussions of chapter 9 mediations, which involve very different issues. The panel will include judges, mediators and public and private litigants with experience in this type of mediation.

With the legalization of marijuana in many states, there are now large numbers of individuals and businesses that derive their income from growing and selling marijuana and from other business activities related to marijuana. This session addresses the issues that emerge when individuals and businesses in this industry encounter financial problems. What are the sources of governing law (state/federal)? Is bankruptcy an option? How are marijuana-related income and assets treated? What are a bankruptcy trustee’s rights and responsibilities in dealing with a marijuana-related business? What ethical issues arise for attorneys representing individuals and entities in this industry? How does the U.S. Trustee’s Office address these issues in light of the conflict between federal law and some states’ laws? What is the direction of the developing body of bankruptcy case law regarding this industry?

Michigan residents have the option of choosing either the state or federal exemptions, but the choice sometimes requires careful consideration. What are the differences between the state and federal exemptions? How do they impact the debtor? How do you determine which set of exemptions is the best option for your client? After a selection has been made, can you change your mind? How late is too late to amend exemptions? What are the best practices for handling objections to exemptions? How do you value property in rising markets? How does Law v. Siegel and its progeny affect your ethical obligations in advising clients about exemptions?

This session will focus on the interplay between bankruptcy law and state law. How is a bankruptcy case impacted? How is a state court matter impacted? How do you handle matters that involve other areas of the law? How does a divorce, probate or condo issue affect the bankruptcy case? How and when do you retain nonbankruptcy professionals to assist with state law matters? How do you address pre-petition or post-petition Code violations from a municipality? If the potential client (pre-filing) becomes incapacitated, can that incapacitated individual file bankruptcy? If the debtor is unable to testify at his or her § 341 meeting, can someone else testify for them? When can budget and credit counseling and personal financial management courses be excused?

The relaxation of marijuana statutes in many states may present financial opportunities for investors, with high rates of return and better-paying job opportunities for individuals. As with any emerging industry, consolidation and competition will create winners and losers. Whether investors, landlords, trade vendors and employees involved in the cannabis industry can restructure their debts in bankruptcy court, or even participate in a bankruptcy plan, depends on the extent of their connection to the cannabis industry. This panel will explore recent case law on the subject matter and alternative business-restructuring options when bankruptcy is not available, such as receiverships and assignments for the benefit of creditors. The panel will also address relevant consumer bankruptcy issues, including whether an individual employed in the cannabis industry may utilize chapter 13 to formulate and complete a plan.

Various factors have combined to result in low crude oil prices that are not expected to rebound significantly and not to a point where OPEC countries will be able to cover their operating deficits. This panel will explore the issues facing the OPEC countries and discuss how these issues will impact the global economy and insolvency practice in the coming years.

This panel will discuss safe harbors after Merit Management, the reach of the UFTA after Crystallex, and the preemption of creditor claims after Tribune and Physiotherapy Holdings, and will take a look at where the law is heading.