Practice and Procedure

The novel coronavirus has certainly induced many systemic changes around the world, and the bankruptcy and restructuring industry is no exception. What once worked in a pre-COVID-19 world might not work anymore, so parties must adapt quickly, often with no precedence upon which to rely. This panel will discuss the idiosyncrasies and novel ways bankruptcy practice is operating, restructuring and adapting to a “new normal,” and how constituencies on all sides of the table are approaching its unique aspects.

As Bankruptcy Courts hold hearings across a variety of remote platforms, how can attorneys and other bankruptcy professionals ensure they are most effectively representing their clients? This expert panel will discuss best practices for appearing remotely, offering tips on preparing witnesses for testimony, presenting an effective “virtual” courtroom presence, and maintaining proper courtroom etiquette in the new normal, and will also address several ethics considerations in our new "Virtual" reality. These include: Coaching the witness (or not!) Maintaining privilege/confidentiality when dealing with co-counsel and clients over a remote platform in real time

The panel, featuring a judge, opposing expert witnesses and opposing counsel will present a role play type discussion on valuation testimony in bankruptcy court. The focus of the discussion will be on best practices in attacking and defending expert witness testimony and will also touch on recent pandemic issues impacting valuations.

Alix v. McKinsey Resolved: A financial advisor is required to disclose all connections, including the connections of its affiliates, when filing an application to be employed with the Court. The Ethical Response to Client Misconduct Resolved: If a client either refuses to comply with an obligation imposed by the Bankruptcy Code or Rules, or insists on taking action prohibited by the Code or Rules, the client’s attorney must file a motion to withdraw from representing the client and must disclose the disagreement regarding the client’s legal obligations.

Sponsored by The Consumer Bankruptcy Committee The panel will explore the new requirements for filing and confirming a small business case under the new Subchapter V of Chapter 11 of the Bankruptcy Code, which became effective on February 19, 2020, and will address the potential issues you and your clients are likely to confront in seeking to successfully effectuate a reorganization thereunder. The new small business Subchapter V presents a more efficient way to facilitate a reorganization of a small business debtor by reducing the requirements and eliminating other impediments that previously hampered such cases.

“Burnout” is officially classified as a legitimate medical diagnosis by the World Health Organization in its International Classification of Diseases handbook, which guides medical providers in diagnosing diseases. According to the handbook, a stressed-out, unhappy attorney who does not want to practice law any longer can be “officially” diagnosed with burnout if he or she meets certain symptoms. Burnout is a syndrome conceptualized as resulting from chronic workplace stress that has not been successfully managed, and it is characterized by three dimensions: feelings of energy depletion or exhaustion; increased mental distance from one’s job, or feelings of negativism or cynicism related to one's job; and reduced professional efficacy. This session will shine a spotlight on practitioner mental health and coping with burnout and stress.

The long countdown to the Small Business Reorganization Act (SBRA) is over! The law takes effect on February 19. Thousands of struggling small businesses will now have a faster, cheaper and more efficient process for filing Chapter 11. SBRA includes several significant changes to current law. Join our panel to update your legal toolbox so you’ll be ready when businesses come calling. Learn more at: https://www.abi.org/sbra

This session will feature a mock trial of a fraudulent-transfer case demonstrating email, Facebook, Instagram, smartphone, messaging and metadata issues.