Free Sessions (no CLE)

The record-setting 11-year national economic expansion has now been displaced by the worst pandemic in a generation. In this session, moderated by Bankruptcy Judge Michelle Harner (D. Md.), Professors Abbye Atkinson (UC Berkeley School of Law) and Roger Tutterow (Kennesaw State University) consider how pandemic-related economic challenges are impacting household spending, corporate performance, and the ability of both consumers and corporate entities to service existing debt obligations. The discussion will also engage with issues such as reductions in labor force participation, the Federal Reserve’s commitment to low short-term interest rates, trends in access to credit and forbearance of debt, the role of debt in smoothing household consumption, and the socioeconomic implications of these shifts. You will not want to miss this lively discussion concerning the perfect storm we are now experiencing.

A panel of experts in agriculture bankruptcy insolvency matters will discuss the unique issues and legal strategies facing professionals in these cases, such as problems facing family operations, the nature and benefits of chapter 12 proceedings, plan strategies in chapter 11 and 12 cases, and traps for the unwary in dealing with the different constituencies in a farm case. As these cases become more prevalent, well-prepared practitioners will need a working knowledge of the issues confronting the agricultural sector. This panel will give you expert insights into the tools you need to manage these types of cases.

Come join our experienced panelists as they share practical applications of mindfulness that you can use every day at work and home. Areas include being less reactive in challenging situations, listening more effectively and gathering more useful data, more skillfully entertaining uncertainty, and feeling less stressed in general. You'll learn basic mindfulness and relaxation exercises and tips for incorporating them into your day.

Do the safe harbor provisions of 11 U.S.C. § 546(e) also provide shelter to transferees from state law fraudulent transfer actions in nonbankruptcy courts? Does the doctrine of pre-emption apply to impact litigation outside of bankruptcy court? This panel will review § 546(e) after the U.S. Supreme Court’s decision in Merit Management Corp. LP v. FTI Consulting Inc. After the Merit decision, the Supreme Court sent back the case of In re Tribune Co., fraudulent conveyance litigation that was also pending before the Supreme Court, to the Second Circuit Court of Appeals. What did the appeals court do in Tribune II, and what impact does the court’s decision have on fraudulent transfer litigation by private litigants under nonbankruptcy law?

A better understanding of what trustees do in their day-to-day work can help debtors and credit and finance professionals appreciate some of the complexities of the bankruptcy process. Bankruptcy trustees are often painted as the bad guys: Creditors sometimes think that trustees sell assets at bargain-basement prices for a quick result, or that they're only in it for the fees, and debtors may view the trustee as their arch enemy. But the role of bankruptcy trustees is very challenging, involving and rewarding — not to mention highly regulated. Their work has been further complicated by the emergence this year of subchapter V trustees. This session will provide a better understanding of what trustees do, and will compare the roles of chapter 7 trustees versus the newly minted subchapter V trustees to help debtors and credit and finance professionals appreciate some of the complexities of the bankruptcy process, primarily when it comes to (1) appointment processes; (2) roles; (3) day-to-day duties; (4) fiduciary duties; (5) compliance obligations; (6) immunity, liability and court supervision; and (7) the steps to take to make the trustee happy.

The use of artificial intelligence and machine learning is becoming increasingly prevalent in the practice of law. Lawyers are using AI to assist in a multitude of tasks, including document management and review, analytics, and legal research. This program will provide an overview of how AI is being used by lawyers today, the advantages and drawbacks in using AI, and the potential ways in which AI may be used now and in the future in bankruptcy practice.

Type “Small Business Reorganization Act” or “Subchapter V” into your search engine, and there is no lack of questions that have been posed: what the Act means, the CARES amendment, pros and cons, and whether it’s been good for businesses (the answer: maybe not). With all this interest, there is no doubt that the Act is having an impact. Questions about its implementation are being answered as the days go by and as more and more cases find their way into the courts. This session will focus on the results to date, the questions that have been settled, and the questions still in need of answers.

The panel will review the criteria to establish insolvency in the context of fraudulent transfers and avoidance actions. We will look at decisions related to the determination of solvency, as well as some of the more challenging valuation and evaluation issues that arise in the conduct of an evaluation. The panel will also review some of the areas subject to challenge on cross-examination.

Our distinguished panel will feature former Speaker of the U.S. House of Representatives John Boehner, former Congressman and Chairman of the Democratic Caucus Joseph Crowley, former Congressman Bill Shuster and former Secretary of Transportation Rodney Slater. Topics to discuss will include the election, the U.S. Supreme Court, the political impact of a Trump or Biden administration, the possible change of control in the Senate, and what all of this means for unemployment and future stimulus programs, interest rates, taxes, infrastructure and the U.S. economy in 2021. And of course, how does the pandemic impact the analysis – now and for the foreseeable future? There will also be ample time for Q&A.

For two years this group has studied the influence of a judge’s gender on the processing and outcomes in bankruptcy cases. Leveraging several studies in non-bankruptcy cases on whether gender influences judicial decision making, this study has looked at 837 student loan discharge opinions and compared the outcomes of those cases based on the gender of the judge and the gender of the debtor. The results demonstrate a statistically significant difference in the way men and women decide such cases. The study now expects to examine survey results from male and female judges to assess discernible patterns. This panel will present the results of this study and will discuss some or all of the following questions: Does gender affect case management? Does gender affect the perception of witnesses? Implicit bias and gender Should counsel tailor case, trial and argument based on the gender of the judge? If so, how can counsel do so? Does the gender of a party ever play an appropriate role in judicial decision making? What can judges do to ensure that gender plays an appropriate role in case determination?