Video

State law and bankruptcy law intersect in any number of ways in any given bankruptcy case. This panel will focus on a few of the issues that arise in this context and discuss recent case law, as well as practice tips and strategy. More specifically, the panelists will cover the abstention doctrine and how bankruptcy courts analyze various state law claims under that doctrine; the potential impact of a bankruptcy case on divorce proceedings, including automatic stay and discharge issues; and the limitations on pursuing state court claims, such as standing, collateral estoppel and third-party releases. We hope you will join us and contribute your questions and experiences to the conversation.

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.

Arguably no other industry has been impacted by the pandemic as much as the hospitality and leisure space. Hotels and conference centers face historic vacancy rates while AirBNB’s IPO raises $86 Billion. This panel discusses the unique challenges facing hotel and hospitality owners, operators, investors and brands seeking to ride out the current storm.

A look at the economic impact of COVID and the road ahead, including which industries will continue to struggle and may be casualties, which seem immune to the pandemic’s effects, and which were initially sick but appear to be on the road to recovery.

You’re leaving your firm, but what do you need to know before you go? This panel will discuss what to do and what not to do to make sure you meet your ethical obligations to your clients and your old firm, while avoiding problems for you and your new firm.

This panel takes a look at PPP forgiveness issues, the PPP’s effects on M&A transactions and bankruptcy cases, and what comes next.

States across the country have enacted so-called “reviver” statutes, allowing otherwise time-barred claims for childhood sexual abuse to proceed. History has shown that bankruptcy filings by targeted institutions are a natural byproduct of reviver statutes and laws tolling the applicable statutes of limitations for sexual abuse claims. Indeed, an increasing number of bankruptcies have been filed in the wake of reviver statutes and new waves of sexual abuse claims. This panel will discuss issues that arise at the crossroads of sexual abuse claims and chapter 11, including the tension caused by using a financial reorganization tool to resolve highly emotional personal-injury claims, the stresses that cases of this ilk place on the Bankruptcy Code (including the uniqueness of claims bar dates in cases of this sort, nonprofit debtors and the absolute priority rule, and the propriety of third-party releases), and the use of mediation to globally resolve these cases.

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.

The panelists will discuss the recent reemergence of SPACs and will elaborate on the public policy and restructuring implications associated with them. This discussion of creative financing structures will focus on financing in a distressed environment, including three mini-case studies and emerging issues in litigation financing.

This panel will discuss the various standing doctrines that apply in federal and bankruptcy courts, including constitutional (Article III) standing, prudential standing, statutory standing (“party-in-interest” status) and derivative standing, and will cover issues that arise both in chapter 11 cases and the consumer arena.