2021, 2021 Northeast Bankruptcy Conference & Consumer Forum

Where Federal Statutes Collide: What § 363 Does Not Clear Out

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).

$125.00
$125.00

Subchapter V Demystified

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.

$125.00
$125.00

Great Debates: The Circuit Split Edition

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).

$125.00
$125.00

The Walking Dead: How (and When) to Address Post-Pandemic Debt Zombies

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?

$125.00
$125.00

Consumer Practice Legislative Potpourri

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.

$125.00
$125.00

Wellness Issues Facing Insolvency Professionals

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.

$125.00
$125.00
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