2020

Panel presented by the International Committee of the American College of Bankruptcy The panel will consider whether, if so, to what extent arbitration agreements could be used to resolve problems arising in the course of cross border insolvency proceedings. Hon Paul Heath QC and Dr. Stephan Madaus will discuss questions of arbitrability, use, and enforcement of awards in such cases; particularly under the New York Convention. Prof Troy McKenzie and Corrine Ball will focus more specifically on the use of arbitration in Chapter 15 proceedings.

Presented by INSOL This panel will explore several measures that have been put into place across the globe during the COVID-19 pandemic, and how those measures will affect businesses, insolvency proceedings and more.

Presented by the Emerging Industries and Technology & Secured Credit Committees This panel explores and navigates distressed-investing issues relating to sales of technology and IP under § 363, and buyer identification in a virtual landscape.

Sponsored by the Consumer Bankruptcy Committee On December 9, Senators Elizabeth Warren (D-Mass.), Dick Durbin (D-Ill.) and Sheldon Whitehouse (D-R.I.) and Representatives Jerrold Nadler (D-N.Y.) and David Cicilline (D-R.I.) introduced the Consumer Bankruptcy Reform Act of 2020. The Act proposes a fundamental reform of the consumer bankruptcy process under the Bankruptcy Code, with the goal of making the process easier, less expensive, and more equitable. Among other things, the Act proposes to replace chapter 13 and chapter 7 with a new chapter 10 that simplifies the consumer bankruptcy process and provides flexibility in terms of the consumers’ retention of assets and commitment of income toward the repayment of claims. Please join our panel in a discussion of the Act’s highlights, including their initial impressions on the contrast between current processes under chapters 7 and 13 and the proposed processes under chapter 10.

Presented by the Claims Trading and Commercial Fraud Committees A review of relevant statutory and case authority surrounding issues of fraud and plan confirmation. What is fraudulent? What is ethical? What is simply good lawyering? This program will explore these and other concerns around claims trading and the potential for manipulation of the bankruptcy plan process.

Presented by the Young and New Members & Ethics and Professional Compensation Committees You work hard for the money, so let’s make sure you get it. This panel will discuss ethical considerations governing that all-important process: getting retained and paid by the bankruptcy estate. Aside from covering the basics of retention for young and new professionals, the panelists will address some of the myriad ethical issues governing retention and compensation that can arise, including connection disclosures, concurrent representations of insiders and expense reimbursement.

Bankruptcy lawyers are confronted with daily decisions that may have ethical traps. This panel of experts will identify some of these traps and show you how to avoid them.

Bankruptcy lawyers are confronted with daily decisions that may have ethical traps. This panel of experts will identify some of these traps and show you how to avoid them.

Presented by the Business Reorganization and Bankruptcy Litigation Committees This panel will focus on two important issues that have arisen during the COVID-19 pandemic: The availability of nunc pro tunc orders in the wake of Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, __ S. Ct. __, No. 18-921, 2020 WL 878715 (Feb. 24, 2020), and the battle between landlords and debtors across the country regarding the deferral of rent pending the pandemic and beyond the period authorized by the Bankruptcy Code.

This session will review the unique issues involved with early and quick § 363 sales in chapter 11 cases, including financing the case, how to get the sale approved, and what happens to the case after the sale closes.