Small Business

The Small Business Reorganization Act of 2019 went into effect a mere few weeks before a worldwide pandemic unfolded, setting into motion unforeseen challenges and learning curves for the entire bankruptcy court system. This session consists of two mock presentations that will demonstrate the application of technology in the pre-trial practice and trial presentation of a subchapter V virtual trial. Included in these presentations will be virtual depositions and document preparation and organization, as well as the nontechnical challenges these cases can face, such as feasibility, projected-income issues, best practices assuming a nonconsensual plan, and cramdown. During the mock presentations, a team of technology experts will interject real-time, practical tips on the risks, benefits and potential ethical pitfalls of technology use in virtual trials, and much more. Mock Trial Schedule: 1:00-2:30 p.m. — Pre-Trial: Preparation, Organization, Depositions, Direct Examination (with tech experts offering best practices throughout) 2:30-2:50 p.m. — Short Break - Breakout rooms available for networking! 2:50-4:15 p.m. — Mock Trial: Cross-Examination, Cramdown (with tech experts offering best practices throughout)

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.

This panel will review the basics of the Small Business Reorganization Act of 2019, as well as recent case law and issues that have cropped up since the SBRA went into effect in February 2020. Topics discussed will include an overview of subchapter V and how it differs from traditional chapter 11, qualifying corporate (and individual) debtors, debt limits pre- and post- CARES Act, the PPP and its changing role in subchapter V, the role of a subchapter V trustee, and conversion/redesignation of a case to subchapter V.

This panel will explore the development of subchapter V bankruptcies during their first year of existence, a.k.a. the COVID-19 era. The panelists will first perform a brief review of subchapter V bankruptcy cases and the way in which they differ from standard chapter 11 cases. The panel will then discuss issues relating to CARES Act funding in subchapter V cases and explore various hot issues in subchapter V, such as the aggregation of debts among affiliates. Finally, the panelists will discuss “anomaly” filings and attempts by seemingly ineligible companies to obtain relief under subchapter V.

This past year has seen a remarkable number of wide splits and controversial opinions. This panel of experts, moderated by ABI Editor-at-Large Bill Rochelle, will discuss and analyze current notable business and consumer bankruptcy cases.

In this virtual variation on the in-person format, a nationwide group of distinguished judges will discuss current bankruptcy and practical skills issues in an innovative Zoom-style presentation. The judges will rotate to a new online “room,” allowing participants to maximize their time and gain valuable insights into best practices.

The judges of this year's Rocky Mountain Bankruptcy Conference will hold in-depth discussions on navigating virtual hearings and what we have learned from the pandemic; the benefits of filing commercial cases in Rocky Mountain jurisdictions; gross-income calculations in light of the closures of small, closely held businesses; trends in consumer/small business cases during the pandemic; and ethics and professionalism in a (more) virtual world.

This panel will provide an overview of the requirements for a reorganization plan in subchapter V cases under the Small Business Reorganization Act, including the new fair-and-equitable standard for cramdowns, and effective strategies to get to plan confirmation.

This panel will focus on Congress’s new foray into streamlining small business reorganizations under the Small Business Reorganization Act of 2019, as amended by the CARES Act of 2020. The panelists will examine similarities and differences between subchapter V and traditional chapter 11 reorganization, debtor eligibility, and the role of the newly created position of subchapter V trustee. The panelists will then examine early decisions on these issues from bankruptcy courts around the country.

In this virtual variation on the in-person format, a nationwide group of distinguished judges will discuss current bankruptcy and practical skills issues in an innovative Zoom-style presentation. The judges will rotate to a new online “room,” allowing participants to maximize their time and gain valuable insights into best practices.