2021, 2021 Views From The Bench

NO CLE - Confirmation: Brave New World?

This session will cover one-day cases and the impact of the extraordinary and unforeseen changes in the economy. Are death-trap plans permissible or bad faith? The panelists will also discuss feasibility in a post-COVID world and RSAs.

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NO CLE - Confirmation: The Rest of the Story

The panelists will continue the conversation on confirmation by examining judicial vs. market valuation, valuation in light of Speedcast Int’l., equitable mootness, exclusivity termination, and the latest developments in § 363 sales.

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NO CLE - The Changing Real Estate Landscape

The panelists will compare the leniency of bankruptcy courts vs. state courts in regard to real estate, including their flexibility on assumption/rejection and delayed rent payments, and the resulting impact on commercial properties and law firms, as well as adequate protection. The implications of the Fulton decision will also be discussed.

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NO CLE - Working Lunch

NO CLE
Lunch with the judges and faculty from the morning’s panels, with new facilitators leading the discussions.
Sponsored by BakerHostetler and Pachulski Stang Ziehl & Jones

Confirmation: Brave New World?
Damian S. Schaible
Davis Polk & Wardwell LLP; New York
Confirmation: The Rest of the Story
Dan T. Moss
Jones Day; Washington, D.C.
The Changing Real Estate Landscape
Lorenzo Marinuzzi
Morrison & Foerster LLP; New York

Free Session

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NO CLE - Great Debates

NO CLE

Norman N. Kinel, Moderator
Squire Patton Boggs; New York

Resolved: The Bankruptcy Code impliedly repeals the Federal Arbitration Act with respect to disputes regarding the allowance of claims against a bankruptcy estate.
Pro: Hon. Ashely M. Chan
U.S. Bankruptcy Court (E.D. Pa.); Philadelphia
Con: Hon. Eric L. Frank
U.S. Bankruptcy Court (E.D. Pa.); Philadelphia

Resolved: A chapter 11 plan of reorganization may lawfully release the liability of a third party for its own tortious conduct without the consent of the creditor whose claim is being released.

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NO CLE - Small Business Reorganization

This panel will explore the eligibility of small businesses to file under the Small Business Reorganization Act of 2019 (SBRA) and the benefits of doing so, along with recent developments and hot topics in this area of the law. The panelists will also discuss Paycheck Protection Program (PPP) loans and whether these loans count toward debt ceilings (is it debt or a grant?), as well as § 525, which prohibits the Small Business Administration (SBA) from discriminating against debtors.

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NO CLE - Ethics: The Game-Changing Benefits of Diversity & Elimination of Bias

This session will focus on several of the Model Rules of Professional Conduct, including 4.1 (Truthfulness to Others), 7.1 (Communications Concerning Lawyer’s Services) and 8.4 (Misconduct). The panelists will address compensation and diversity in U.S. law firms and the elimination of bias; the importance of diversity and inclusion regarding creativity and innovation, the correlation with financial performance, and improving the workplace and client relationships; and ways in which law firms can actively combat unconscious bias and make retention of diverse talent a priority.

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