Practice and Procedure

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.

Sponsored by Husch Blackwell LLP The Kirwan Institute for the Study of Race and Ethnicity defines implicit bias as “the attitudes or stereotypes that affect our understanding, actions, and decisions in an unconscious manner.” According to the Kirwan Institute, “[t]hese biases, which encompass both favorable and unfavorable assessments, are activated involuntarily and without an individual’s awareness or intentional control.” Researchers have found that implicit biases can impact many aspects of an individual’s life. For the bankruptcy attorney, it is imperative to consider whether implicit bias affects her day-to-day interactions with clients. This session will highlight studies confirming the pervasiveness of implicit bias, as well as empirical research establishing its influence on bankruptcy proceedings. The session will also provide techniques for reducing and/or eliminating the impact of implicit bias.

Sponsored by Williams-Keepers LLC This panel will present a mock hearing consisting of direct and cross-examination of a financial advisor in connection with a contested chapter 11 confirmation hearing. Panelists will also discuss best practices and strategies for presenting and eliciting testimony in an evidentiary hearing.

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.

Sponsored by the ABI's Asset Sales and Ethics and Professional Compensation Committees This webinar will discuss ethical issues professionals may face in asset sales and weave in some real life stories from previous deals our panelists have been involved with. Topics to be addressed include collusion, confidentiality, and fiduciary responsibility.

Bankruptcy Judges Elizabeth Brown and Michael Romero will discuss the year’s widest splits and most controversial opinions with ABI Editor-at-Large Bill Rochelle. They also will analyze important decisions from the Tenth Circuit, the BAPs and the District of Colorado.

Sponsored by ABI's Business Reorganization Committee Please join us for an overview and discussion of chapter 11 cases addressing the nature and treatment of oil and gas gathering agreements. Since the 2016 decision in Sabine Oil & Gas, courts have grappled with whether midstream contracts contain real property covenants that “run with the land” and whether chapter 11 debtors can reject contracts with their midstream providers. In the most recent decisions on this issue (Extraction and Southland), the Bankruptcy Court for the District of Delaware found that the debtors’ gathering agreements did not satisfy the elements required to create such a real property covenant. This CLE will cover (i) foundational law and principles regarding contract rejection and covenants “running with the land”; (ii) an overview of seminal cases, including the most recent decisions in Extraction and Southland; and (iii) a discussion of potential implications of recent case law and guidance for parties navigating this issue.

Presented by the Hon. Steven W. Rhodes Consumer Bankruptcy Conference Explore the latest in what constitutes disposable income, raising and overcoming good-faith objections, evolving strategies in student loan treatment, unique issues arising due to COVID-19, and other advanced and challenging issues facing the chapter 13 practitioner.

Presented by the Hon. Steven W. Rhodes Consumer Bankruptcy Conference This session will examine the high stress levels associated with the legal profession, the consequences of that stress, and what can be done about it. It draws upon recent studies to show empirically that the stress inherent in today’s legal profession is leading to higher rates of depression, anxiety and substance abuse. The studies also show that lawyers in their first 10 years of practice are at the greatest risk. To bring a personal touch to these findings, presenter Jeff Zapor will share his personal story of addiction and recovery. Stress-management techniques will then be introduced, as well as some wellness initiatives that are being tried at the national level.

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.