2021

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.

To make meaningful progress, legal professionals and the organizational cultures they inhabit must adopt a learning goal orientation and be willing to change. Join this keynote panel of legal professionals from across the nation for an active discussion on the business impacts of racial and gender diversity, equity, and inclusion within the legal industry. The panel will begin with a plenary session followed by breakout rooms.

This panel of legal and business experts will examine the ripple effects of the COVID pandemic on the real estate world, including its impact on office buildings, retail, hospitality and lending. Starting with a brief overview of the market, the panelists will explore the domino effects of the pandemic on tenants, landlords, lenders and investors. What is different about this crisis from previous real estate downturns, and how will (or should) strategies differ? Will we see a wave of SAREs? What exacerbating problems could arise in retail bankruptcies (such as co-tenancy agreements in malls) or hospitality cases (such as franchise and flagging issues)? What opportunities will exist in 363 sales, lease assignments and discounted loans? This lively discussion of legal issues and business strategies promises to make you think of COVID effects in whole new ways.

The health care industry in general, and hospitals in particular, have been severely affected by the COVID-19 pandemic in many respects. At its most basic level, the impact has been devastating financially. The American Hospital Association estimates that between March 1 and June 30, 2020, hospitals will have suffered financial losses of $202.6 billion, or approximately $1.66 billion per day. These losses affect all hospitals, whether they are part of large chains or are stand-alone nonprofits. Economists expect the result to be more financial failures, mergers and bankruptcy filings in an industry that was already in dire financial straits. The panelists will discuss several issues that have been pushed to the forefront by the recent decisions in Gardens Medical Center and Verity Health Systems.

This panel of legal experts will break down topical circuit-level and bankruptcy court rulings that are dividing circuits across the country.

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.

When developing a strategy for an entity in distress, good insolvency lawyers weigh all their options, both in and out of bankruptcy. This presentation will consist of two mock client consultations (one debtor-focused and one creditor-focused) discussing the pros and cons of various alternatives to bankruptcy. The presentation will culminate in a mock status conference before a federal district court in an action where the plaintiff is seeking the appointment of a federal receiver in a loan-enforcement action. This session also will provide an in-depth examination of assignments for the benefit of creditors, as well as state and federal receiverships.

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.

This past year has seen a remarkable number of wide splits and controversial opinions. This panel of experts, moderated by ABI Editor-at-Large Bill Rochelle, will discuss and analyze current notable business and consumer bankruptcy cases.