West Virginia CLE Course Catalog

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.

This panel will explore the economic differences between the Great Recession and the COVID Recession, and attempt to explain their inconsistent effects on bankruptcy filings. It will also consider why a bankruptcy wave has been slow to form under the COVID Recession, what events will eventually trigger a wave, and what the impact of the Great Recession suggests about the size, shape and timing of the coming wave of bankruptcy filings.

While there can be no doubt under our current system of jurisprudence that lower courts are bound by the published decisions of appellate courts, the question remains: What can a trial court do with broad pronouncements found in an appellate decision based on limited or dissimilar facts? Judge Michael will discuss the dilemma of interpreting and using appellate precedent.

This panel will provide a consumer bankruptcy legal update on significant cases from 2020, and explore what's happened so far in 2021.

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 section 363 sales in the Zoom era.

This panel will discuss several key and unique issues that have arisen in a national sampling of retail chapter 11 cases, including the effects of the COVID-19 pandemic. The panelists will explore the cases’ varied results, the processes employed to reach each conclusion, and the issues that arose along the way. Specifically, topics include “GOB” sale processes, consignments, sales of intellectual property, Section 503(b)(9) claims, cash collateral and DIP lending, landlord/tenant disputes, and certain case-specific nuances.

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.

A review of relevant statutory and case authority surrounding issues of fraud and plan confirmation. What is fraudulent? What is ethical? What is simply good lawyering? This program will explore these and other concerns around claims trading and the potential for manipulation of the bankruptcy plan process.