Small Business Reorganization Act (SBRA)

This panel will provide a brief overview of how subchapter V is working in the system, the role of trustees, and hot topics related to subchapter V, including eligibility, disposable income, post-confirmation default and remedies, and much more.

This panel will discuss the impact of the Consolidated Appropriations Act of 2021 on bankruptcy cases, the latest automatic stay cases, employment of professionals and fee applications, and § 363 sales in the Zoom era.

This session will focus on the loan and debt-relief options that were created by the Coronavirus Aid, Relief and Economic Security Act (CARES Act) of 2020, and their impact on debtors and bankruptcy law and practice. The session will begin with a brief primer on the Paycheck Protection Program (PPP) lending program and Main Street lending programs, then delve into the various bankruptcy issues that have since emerged related to these lending programs, including access to loans, priority and subordination of lender claims, and certifications regarding future bankruptcy filings.

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.

The judges of this year's Rocky Mountain Bankruptcy Conference will hold in-depth discussions on navigating virtual hearings and what we have learned from the pandemic; the benefits of filing commercial cases in Rocky Mountain jurisdictions; gross-income calculations in light of the closures of small, closely held businesses; trends in consumer/small business cases during the pandemic; and ethics and professionalism in a (more) virtual world.