Business Reorganization

NO CLE - Landlord and Tenant Dilemmas in a COVID and Post-COVID Environment

The panelists will discuss COVID-related business bankruptcy issues, including rent issues in commercial leases, § 365(d)(3) issues, force majeure clauses, and lease assumption and rejection issues after COVID.

Free Session

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NO CLE - Bankruptcy Time Travel: Can Debtors Obtain Nunc Pro Tunc Relief and Delay Post-Petition Rent Payments into the Future (Pending the Pandemic and Beyond)?

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.

Free Session

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NO CLE - Judicial Round-and-Round (2020 Virtual Winter Leadership Conference)

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.

Free Session

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NO CLE - “Too Many Hats”: The Peculiar Problems and Challenges that Arise When an Equity Sponsor/Secured Lender is a DIP Lender/Stalking-Horse Buyer in a Chapter 11 Case

This panel will discuss whether liens are available on unencumbered assets like avoidance actions, credit bidding issues, equitable subordination/ recharacterization concerns, committee challenges to liens and bidding procedures.

Free Session

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NO CLE - Hot Topics with Bill Rochelle (2020 Virtual Winter Leadership Conference)

What are the hottest topics in bankruptcy law? This panel of experts, moderated by ABI Editor-at-Large Bill Rochelle, will discuss and analyze current business and consumer bankruptcy law cases.

Free Session

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NO CLE - Views from the Bench: Confirmation Roundtables: Competing Interests in Today's Chapter 11

This session will discuss the impact of extraordinary and unforeseen changes in the economy; feasibility in a COVID-19 world; the split between § 1141 analysis and traditional opt-in/opt-out provisions for third-party releases; the best-interest test in connection with third-party releases; the fate of Till and cramdown; valuation issues such as what happens when projections are totally wrong; exclusivity termination; attempts to put assets beyond the reach of lenders; plan voting/§ 1129(a)(10) and artificial impairment; and estimation for voting purposes.

Free Session

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NO CLE - Views from the Bench: Sales - Chapter 11 or § 363?

Should § 363 sales occur early in a case? Should the Federal Foreclosure Act be invoked? The panelists will discuss these issues, as well as sales in confirmation; circumstances under which a court may preclude or limit credit bidding under § 363(k); whether to push for dismissal, conversion, or a liquidating trust; mootness and appeals; Rule 9019 settlements combined with sales to make them harder to appeal; whether Fulton will further increase the power of secured creditors; and extraordinary changes in the economy (delay or convert?).

Free Session

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NO CLE - ABI: How to Restructure an Industry that Has Been Shut Down, and How to Prove Feasibility When You're Starting from Ground Zero

Free Session

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NO CLE - ABI: Force Majeure and Business-Interruption Insurance

You learned about it in law school, but have never seen it since. In light of the COVID-19 effects on business operations, this panel will discuss the general applicability of force majeure provisions in contracts, how they excuse or suspend performance, and exceptions to a boilerplate contract provision that we rarely see enforced until recently. The panel will also discuss business interruption insurance in the context of the Pandemic.

Free Session

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NO CLE - ABI: Next Big Wave of Chapter 11s: Corporate Real Estate

Most office employees have been working from home throughout the pandemic, and businesses are increasingly realizing that office space is not as essential as once thought. In addition, retailers are closing their doors permanently or shifting exclusively to online sales. Can corporate real estate survive or reinvent itself?

Free Session

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