COVID-19

The panelists will revisit real estate and real estate-based business workouts, bankruptcies and restructurings during the peak of the pandemic and extrapolate the lessons learned as guidance for debtors, tenants, landlords and investors moving forward as we begin the recovery period. The panelists also will focus on important pandemic bankruptcy cases and key rulings on leases and workout strategies, and will assess issues surrounding asset valuations and projections.

While COVID-19 has led to a substantial increase in the number of bankruptcy filings, its impact on valuation issues in the context of chapter 11 cases is less clear. Employing their differing perspectives, the panelists will explore how the uncertainty created by COVID-19 has affected the analysis of issues like plan feasibility, cost of capital, the pricing of risk, and the application of valuation methodologies in chapter 11 proceedings, with a particular emphasis on retail cases.

The global coronavirus pandemic has disrupted the global economy for more than a year creating winners and losers across countries, industries and socio-economic groups. Among the most impacted industries continue to be hospitality, leisure and real estate industries where, despite progress made in vaccinations towards herd immunity, there is no clear recovery timetable in evidence. This roundtable of investors and advisors will explore Covid-19’s impact on valuation and restructuring, including how companies and their stakeholders address liquidity to bridge a distressed company to its pre-pandemic performance levels and the how creditors and equity sponsors navigate these fluid dynamics to maximize their recovery.

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 session will address how COVID-19 and stay-at-home orders prompted the rapid adoption of technology by the courts, the lessons learned along the way, and where technology can be used to further improve the efficiency, efficacy and safety of the bankruptcy process.

Against the backdrop of the recent COVID-19 health crisis, this session will focus on issues relating to crisis management in the business and practice of bankruptcy law. The panelists will discuss best practices for disaster recovery and business-continuity planning, technology solutions for navigating a crisis, and various legal and ethical issues that arise during a time of crisis. The panelists will also address mental health and personal wellness issues that can arise during and after a crisis.

Sponsored by Hinkle Law Firm LLC The panel will examine four distinct emerging issues in consumer cases that are related to the effects of COVID-19: (1) the decrease in cases; (2) remote signings and appearances; (3) national and local moratoriums on foreclosures and evictions and similar protective measures; and (4) the legislative efforts to increase the chapter 13 debt limits.

Unemployment rates are slowly dropping after hitting an all-time high in April of this year and remaining in the double digits for four months straight. However, the effects of the ongoing pandemic remain. Rent payments are down, and homeowners are delaying payments on their mortgages. The Federal Reserve has dropped interest rates to near-zero, and small business revenue nationwide is down nearly 20%, even after accounting for the thousands of businesses that have already closed for good. Congress, states and local governments are scrambling to put policies and programs in place that will help forestall financial collapse. As bankruptcy practitioners and scholars, this is our moment — or is it? This presentation will explore the role that bankruptcy policy can and should play in a global pandemic, discuss the role that bankruptcy policy has already begun to play, and query what factors may be limiting the effectiveness of bankruptcy policy in easing financial distress and limiting unnecessary business closures.

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.

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.