Washington (WA) Bankruptcy Law CLE Course Catalog

General corporate counsel, counsel for debtors, creditors, shareholders and other participants in the reorganization process need to grasp the ethical restraints on professionals imposed by the Bankruptcy Code, Bankruptcy Rules, the ABA Code of Professional Conduct and relevant case law. This program uses recent case law to show how all of these rules work. Because the reorganization process is filled with ethical landmines, no lawyer can represent a client effectively without the help of this experience-based guide.

This panel will focus on impairment, TransWest issues, third-party releases, horizontal gifting related to Noverra and more.

Our expert faculty will update you on a potpourri of automatic stay and discharge injunction violation issues, including the latest guidance from the Supreme Court on action vs. inaction, the return of repossessed cars and the collection of discharged debt.

The panelists discuss in-court and out-of-court options for distressed businesses, as well as alternatives both pre- and post-COVID-19, drawing upon their experiences and what they see in the market going forward.

The panel enacts three hypotheticals involving repeat filer/debtor Harry, his not-quite-blue-stocking creditor Lloyd of Lloyd’s Auto Lot, and the chapter 7 and chapter 13 trustees, Dusty and Rusty. The legal issues presented will concern the “expiring stay” for repeat filers, redemption of repossessed vehicles, a discharge violation question involving refusal to release the car lien/title, and the attendant procedural and costs questions for each. Ripe Potatoes rates this a “must see”!

Covering a wide array of bankruptcy litigation matters, this session will focus on issues relating to stay relief, discharge litigation, and post-discharge injunction matters. Evidentiary considerations and standards for relief will be highlighted, along with case law developments and practice tips from the experienced panelists.

This panel will provide an overview of the requirements for a reorganization plan in subchapter V cases under the Small Business Reorganization Act, including the new fair-and-equitable standard for cramdowns, and effective strategies to get to plan confirmation.

This panel will focus on Congress’s new foray into streamlining small business reorganizations under the Small Business Reorganization Act of 2019, as amended by the CARES Act of 2020. The panelists will examine similarities and differences between subchapter V and traditional chapter 11 reorganization, debtor eligibility, and the role of the newly created position of subchapter V trustee. The panelists will then examine early decisions on these issues from bankruptcy courts around the country.

The Small Business Reorganization Act of 2019 went into effect a mere few weeks before a worldwide pandemic unfolded, setting into motion unforeseen challenges and learning curves for the entire bankruptcy court system. This session consists of two mock presentations that will demonstrate the application of technology in the pre-trial practice and trial presentation of a subchapter V virtual trial. Included in these presentations will be virtual depositions and document preparation and organization, as well as the nontechnical challenges these cases can face, such as feasibility, projected-income issues, best practices assuming a nonconsensual plan, and cramdown. During the mock presentations, a team of technology experts will interject real-time, practical tips on the risks, benefits and potential ethical pitfalls of technology use in virtual trials, and much more.