2021

Three cases in the last year have demonstrated that § 363 does not fix everything. In Dean Foods, § 363 did not protect the purchaser from the Sherman Antitrust Act; the purchaser was forced to divest itself of purchased assets in a U.S. DOJ antitrust action. In GNC, CFIUS interposed (unsuccessfully) to try to prevent the sale of assets to a Chinese company owned by the PRC government. Finally, in Exide, CERCLA rendered four contaminated properties unsalable, resulting in abandonment (arguably in contravention of the SCOTUS Midlantic decision, appeal pending). This panel will discuss these issues and more.

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.

This plenary will present two exciting debates on timely circuit split topics. Judges will be paired with emerging regional leaders to face off over key bankruptcy issues. Resolved: The automatic stay terminates automatically after a repeat filing only to property of the debtor, and not to estate property. Resolved: A “makewhole” provision may be enforced against a debtor and is not disallowed as “unmatured interest” pursuant to Bankruptcy Code § 502(b)(2).

This panel will address how we deal with the new crop of corporate zombies that have been emerging as a result of the influx of debt to balance sheets during the pandemic. What tools are available to address this phenomenon? When will the Fed’s credit-tightening or other regulatory requirements force regulated lenders and borrowers to address these issues? How will nonbank lenders react? Finally, how will the Main Street Lending Program (and the Fed’s role as lender) play into this discussion?

Recent legislation and judicial decisions have changed consumer bankruptcy practice substantially over the last year. This panel will provide perspectives and analysis from the judiciary and debtors’ and creditors’ attorneys regarding the various legislative changes that have been enacted or proposed since early 2020, and will explore the ever-changing landscape of bankruptcy practice today. The panelists will also discuss the impact of recent Supreme Court and First Circuit decisions on consumer cases.

With the erosion of boundaries between work life and home life in remote-work settings, professionals need to balance competing objectives, including how to maintain client satisfaction while addressing fears and anxieties among colleagues and family members. Those challenges will continue as the country shifts back to more “normal” work settings. This plenary session will examine the increased pressures faced by insolvency professionals today.

Join the ABI and SRS Acquiom for a webinar discussing the state of middle-market loans. This segment of the marketplace includes businesses that are too small to attract large bank financing and too large to qualify for small business loans. The event will feature industry experts discussing: current trends impacting the extension of loans; effects of COVID-19; and fresh challenges to the extension of credit facilities.

Sponsored by ABI's Consumer Bankruptcy Committee It is commonly understood that student loans are nearly impossible to discharge in bankruptcy. The standard has become mythical — akin to a “certainty of hopelessness.” Are the Brunner and totality-of-the-circumstances tests realistic standards? If not, what should legislators consider as an alternative? Will successful litigation break the mythical standard, and what could that look like? The prevalence of these cases is increasing every day, as courts are asked more often to evaluate the appropriateness of, and apply, these impossible standards. Simultaneously, the total amount of U.S. student loan debt continues to accelerate toward $2 trillion. Join ABI’s Consumer Committee as two consumer bankruptcy experts, Ed Boltz and Ray Hendren, debate what can — and should — come next.

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.