2020

With many legal observers predicting an unprecedented tsunami of commercial bankruptcy filings, many companies will face challenges regarding the best strategies for liquidating their assets. This session will offer a range of options to consider, including § 363 sales, receiverships, Article 9 and other means of selling assets.

The panelists will discuss the best practices for tricky Chapter 7s, Chapter 13 plan modifications filed pursuant to The CARES Act, tips for ensuring proper service, and a discussion of the current case law on 401(k) contributions and nunc pro tunc orders.

Alix v. McKinsey Resolved: A financial advisor is required to disclose all connections, including the connections of its affiliates, when filing an application to be employed with the Court. The Ethical Response to Client Misconduct Resolved: If a client either refuses to comply with an obligation imposed by the Bankruptcy Code or Rules, or insists on taking action prohibited by the Code or Rules, the client’s attorney must file a motion to withdraw from representing the client and must disclose the disagreement regarding the client’s legal obligations.

The Small Business Restructuring Act of 2019 is one of the most important pieces of bankruptcy legislation passed since BAPCPA in 2005. This session will offer a deep dive into the practical aspects of the new Subchapter V of the Bankruptcy Code, offering insights into emerging case law, recent adjustments enacted by the CARES Act of 2020, and how to guide clients through a small business case from inception to confirmation.

ABI’s expert panel will discuss the changes in the process and practice of bankruptcy courts in the COVID-19 era. Learn how bankruptcy courts across the country have adapted to the crisis and have led the way in utilizing technology to keep their dockets moving and the bankruptcy system working, and hear how ABI’s panelists expect the “new normal” to continue to evolve, and how bankruptcy courts are preparing to handle an expected influx of filings.

Join our panel of automotive and insolvency experts as they discuss the current state of the global automotive industry, as well as the bankruptcy and non-bankruptcy processes that may be utilized to address insolvency issues in the wake of COVID-19.

Sponsored by the Real Estate Committee This panel will provide an overview of the real estate economy and take a look at what restructuring plans may entail in the post-pandemic economy, from large corporate players to small companies and investors, as well as what valuations may look like over the next few years.

Sponsored by: ToneyKorf Partners, LLC Join our panel of experts as they discuss the short and long term impact and implications of COVID-19 on current and future hospital financial stability. ToneyKorf's pandemic impact mitigation strategy tool will be discussed as a way that can provide a more precise, data-driven projection of changes to hospital finances. Panelists will also explore the range of recovery and restructuring strategies to bring stability to the uncertain financial future created by this pandemic.

Join experts in the health care insolvency field as they discuss a host of issues looming for the industry due to the fallout from the ongoing pandemic, factoring in the current landscape for providers, Polsinelli's Distressed Health Care Index, and the sectors that have been most affected thus far and in what ways. As the country begins to reopen, what might the "new normal" for providers look like, and how long is it likely to last? How might the financial and operational performance of companies be altered, and what legal strategies can be employed to ensure viability? How will all of the above impact lenders, landlords, and vendors, and how are the CMS advances provided by the government different from other sources of relief? Finally, how are health care businesses preparing for the next COVID-19 cycle in light of the virus's likely resurgence in the fall, and can we expect a second wave of shutdowns? Hear about these matters and more as the industry braces for change in the coming months.

Please join a distinguished panel of Squire Patton Boggs professionals, including former House Speaker John Boehner and current senior U.S. Senator Joe Manchin (D-W. Va.), who will share their thoughts on how best to safely and gradually re-open business across America. In addition, they will provide first-hand insight and guidance regarding the existing stabilization programs (CARES Act, Main Street Lending, PPP), the important role that U.S. Treasury is playing during the pandemic, and the most recent flurry of funding initiatives, including the $3 trillion HEROES Act that has been proposed in Congress in an effort to manage the far-reaching effects of the COVID-19 crisis.