More than 14 years after Congress amended the Bankruptcy Code to provide special rules and procedures for “small business debtors,” it enacted the Small Business Reorganization Act of 2019. In the wake of the economic damage caused by COVID-19 and the necessary governmental response, Congress then amended the SBRA in the CARES Act to raise the debt limit to $7.5 million (subject to a possible one-year sunset). How will the SBRA change your practice?
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The Small Business Restructuring Act of 2019 is one of the most important pieces of bankruptcy legislation passed since BAPCPA in 2005. This session will offer a deep dive into the practical aspects of the new Subchapter V of the Bankruptcy Code, offering insights into emerging case law, recent adjustments enacted by the CARES Act of 2020, and how to guide clients through a small business case from inception to confirmation.
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The panel will discuss the Small Business Reorganization Act’s requirement that a trustee (or debtor-in-possession) take into account a defendant’s defenses before bringing an action. This amendment, which is applicable in all cases, requires the plaintiff to engage in reasonable due diligence regarding a defendant’s affirmative defenses before initiating a preference action. The panel will discuss different approaches to satisfy the new requirement.
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Join our panel to discuss and analyze the latest bankruptcy issues facing commercial cases today, as well as important bankruptcy and insolvency issues from the Supreme Court, circuit courts of appeals and lower courts, and issues that could be in front of the appellate courts in the year to come.
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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.
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This session features a panel discussion covering new legislation (Small Business Reorganization Act, HAVEN Act, Family Farmer Reorganization Act, new Rules, new Procedures and new Administrative Orders), as well as proposed changes to PACER and operating programs for electronic filing.
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With the legalization of marijuana in many states, there are now large numbers of individuals and businesses that derive their income from growing and selling marijuana and from other business activities related to marijuana. This session addresses the issues that emerge when individuals and businesses in this industry encounter financial problems. What are the sources of governing law (state/federal)? Is bankruptcy an option? How are marijuana-related income and assets treated? What are a bankruptcy trustee’s rights and responsibilities in dealing with a marijuana-related business?
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This session will focus on pending legislation that may affect your practice, and on ABI’s latest recommendations regarding personal bankruptcies. What are the latest developments and strategies to address student loans? Is a legislative fix for the student loan crisis really in the works (H.R. 2366)? What would the small business bankruptcy bill do, and where does it stand? Will veterans' benefits become exempt from means testing? The session will also cover other notable legislative actions, as well as the key takeaways from the Final Report of the ABI Commission on Consumer Bankruptcy.
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It is difficult to confirm reorganization plans in small business cases and individual chapter 11 cases. This panel will discuss best practices in getting these types of cases across the finish line.
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