Small Business

Hosted by ABI's Real Estate Committee Join this panel of subchapter V trustees and attorneys counseling debtors and creditors as they review the basic tenets of the subchapter V legislation, including revisions made to the CARES Act of 2020, with a focus on real estate-based cases. Topics for discussion include unique issues in play, common types of real estate cases being filed, success stories, debtor watchouts, and misconceptions about the role of subchapter V trustees.

The Small Business Reorganization Act has been in force for over a year, and trustees, debtors, creditors and attorneys have spent the last year trying to work through what subchapter V means for them. This panel will discuss the case law that has developed, as well as the benefits and constraints of subchapter V on debtors and creditors. The panelists, featuring a trustee, judge, and debtors’ and creditors’ attorneys, will also discuss the implications of representing related entities and insiders, as well as navigating uncertainties in the new law.

Hosted by ABI's Mediation Committee Subchapter V trustees, who are likely to be lawyers, accountants or financial advisors, often don't have any formal training in facilitation. This webinar, featuring subchapter V trustees, lawyers and a retired judge with years of experience in bankruptcy and mediation, will cover the fundamentals of facilitation — including its purpose — and basic skills trustees may wish to employ in their work.

This panel will review the implementation, practical effects, unintended consequences, and foreseen and unforeseen problems related to the Small Business Reorganization Act.

This panel will explore the eligibility of small businesses to file under the Small Business Reorganization Act of 2019 (SBRA) and the benefits of doing so, along with recent developments and hot topics in this area of the law. The panelists will also discuss Paycheck Protection Program (PPP) loans and whether these loans count toward debt ceilings (is it debt or a grant?), as well as § 525, which prohibits the Small Business Administration (SBA) from discriminating against debtors.

The Judges Roundtable will provide opportunities for discussion and interaction with our exciting panel of judges from around the country. Participants can engage in a small group format on the following three topics: (1) What happens when the various COVID moratoria on enforcement end; (2) who gets the benefit of post-petition appreciation of an asset when a case converts from chapter 13 to chapter 7; and (3) measuring the success of the Small Business Reorganization Act of 2019.

This panel will provide a brief overview of how subchapter V is working in the system, the role of trustees, and hot topics related to subchapter V, including eligibility, disposable income, post-confirmation default and remedies, and much more.

Uncle Sam said “Take the money...everything will be OK”. Now, the IRS, SBA and Congress are changing the rules, creating new hurdles for distressed businesses. This panel dives into recent legislation in CARES II and the evolving legal and regulatory landscape governing access to, and repayment of, PPP and EIDL loans.

Since the enactment of the Small Business Reorganization Act of 2019 (H.R. 3311, “SBRA”), which took effect on Feb. 19, 2020, bankruptcy courts and practitioners have had opportunities to address a number of novel issues, interpreting and applying what are essentially brand-new Bankruptcy Code statutes. In this panel, we will discuss some of the key SBRA areas that bankruptcy courts across the U.S. are addressing, as well as the novel issues that practitioners are navigating.

This panel will discuss the impact of the Consolidated Appropriations Act of 2021 on bankruptcy cases, the latest automatic stay cases, employment of professionals and fee applications, and § 363 sales in the Zoom era.