Bankruptcy Process and Procedure

Managing Insured Deposits as Fiduciaries in a Shifting Economic Landscape While the regional bank failures in March 2023 are behind us, fiduciaries engaged in corporate insolvency matters continue to encounter challenges in securing FDIC-insured deposits on behalf of their clients. As the U.S. economic landscape remains uncertain under a new presidential administration and the fragility of the commercial real estate market may put regional banks at risk, the challenges that these fiduciaries face are likely to persist. Whether as a U.S. bankruptcy trustee, receiver, an assignee, the fiduciary’s duty to conserve and protect the estate and assets of clients can be difficult in the current environment where fewer banks and financial institutions are providing surety bonds and FDIC insurance for large deposits. This session will provide an overview of these issues and how professionals can navigate them in their fiduciary roles. Participants will gain a better understanding of their fiduciary duties and how best to search and secure FDIC-insured deposits on behalf of their clients. Other Suggested Speakers Cristina Terrasini cristina.terrasini@stretto.com Stretto IRVINE California

Cryptocurrency: Start-To-Finish Best Practices For Effective Case Management This dynamic session will deliver practical guidance to corporate restructuring professionals when cryptocurrency is part of a Chapter 11 matter. Panelists will discuss how to effectively identify case assets, handle creditor distributions, manage community management, and oversee media interest, among other areas. Participants will gain valuable insight into practical case management involving cryptocurrency. Attendees will learn about best practices for effective case resolution, along with pitfalls to avoid. Business Suggested Speakers Cristina Terrasini cristina.terrasini@stretto.com Stretto IRVINE California

Lending to Special Purpose Entities: Will Those Bankruptcy Risk Mitigators Work? Over the past several years, lending to "Special Purpose Entities" or "Bankruptcy Remote Entities" has become more and more common, with documents including ever more creative terms intended to reduce the risk of a borrower filing for bankruptcy including This session will provide an update as to whether court's have enforced these bankruptcy risk mitigation provisions, especially in light of recent decisions relating to independent directors (In re 301 W. N. Ave. LLC, 2025 WL 37897 (Bankr. N.D. Ill. 2025)) and waivers of the automatic stay (In re DJK Enterprises LLC, 24-60126 (Bankr. S.D. Ill. 2025)). Participants will learn about the most recent provisions of loan agreements and organizational documents that are intended to reduce a borrower's risk of filing for bankruptcy, and the most recent court decisions interpreting the documents. Creditor Suggested Speakers Gregory Hesse ghesse@hunton.com Hunton Andrews Kurth Dallas TX

Chapter 11, Subchapter V Eligibility - "Small Business Debtor" and Debt Threshold Considerations and Strategies Given the immense benefits offered in Subchapter V bankruptcy cases for debtors, it should come as no surprise that companies constantly push the envelope to become eligible. This session will describe how companies can maneuver their business operations and revenue generation to potentially be eligible as a "small business debtor" under section 101(51D). Companies may also need to refinance its capital structure given that the $7.5 million debt threshold now only stands at approximately $3.4 million. Business Kyle Arendsen kyle.arendsen@squirepb.com Squire Patton Boggs (US) LLP Cincinnati OH

Administering Small Asset Consumer Cases and the Capture of Tax Refunds As a tenured bankruptcy law professor, I have written two academic articles on the seizure of welfare-based tax returns in the administration of small asset consumer bankruptcy cases. At present, jurisdictions around the country are not in harmony with enabling debtors to exempt their Earned Income Tax Credits and refundable Child Tax Credits from the reach of trustees and creditors in bankruptcy. The problem is much more prevalent than one would think; indeed, there are hundreds of reported cases on this issue. My academic articles have investigated this problem and have explored solutions to enable debtors to keep these forms of welfare benefits. This session would discuss the current state of the laws (bankruptcy and state exemption statutes), explore possible solutions, and provide practical advice for attorneys in the representation of their clients. I think this important session will provide attendees with a more macro-vantage point on the state of the law on these issues, prompt them to think about ways to navigate (or not) around these issues (depending upon whether they represent debtors or are trustees). Perhaps more importantly, the session will provide fertile ground for debate and for thinking about bankruptcy policy more generally in connection with our welfare state. It will unquestionably be a lively discussion. Consumer Suggested Speakers Michael Sousa michael.sousa@du.edu Associate Professor, University of Denver Sturm College of Law Denver CO

Discounting the Impact of Motor Vehicle Exemptions Among the States In February 2024, I proposed a motor vehicle exemption for the State of South Dakota, which was ultimately killed in the senate judiciary. Part of my preparation for the proposal to the senate was to justify a $5,000 exemption in our state. This led me to questions of why motor vehicles matter in bankruptcy/levy process, and extensive research on WHY they matter for each and every state to allow debtors to protect at least one vehicle. This is an important topic because of the significant role of vehicles in American culture, as well as agricultural communities like us in the midwest. Stale exemption laws lead to outdated laws, and stagnate bankruptcy reform. The longer a state waits to update these laws, the harder they become to pass through even minimal changes in states like South Dakota. I have attached my recent article discussing some of this information from Nortons Annual Survey of Bankruptcy Law. Participants will learn:
-The history of exemption laws, §522 and the history of the "opt out" provisions.
-Overview on different states' motor vehicle exemption laws, and how those come into play with other relevant exemptions such as tools of the trade exemptions, wildcard exemptions, and agriculture/farming exemptions.
-Gain insight into strategies to keep their state's exemption laws relevant (i.e. are your state's exemption laws current or outdated? How can we stay informed on neighboring states' exemptions?)
-Develop an understanding of why such little information and research exists on motor vehicle exemptions.
-Understand the correlation between home equity and motor vehicle exemptions.
-Participants will learn specific problems with state vs. federal exemption laws (i.e. is the state exemption law better than §522's provisions?). Consumer Suggested Speakers Jenna Riedel jenna.j.weir@gmail.com U.S. Bankruptcy Cort Sioux Falls South Dakota

The Code, Deconstructed. There are many "common" Code sections we often think we know what they say -- but in fact, we rarely look at what they "really" say. They are so common that their terms are often oversimplified. Examples that come to mind are relief from stay under 362(g), preferences under 547, and property of the estate under 541. Particularly in light of the textualist approach of the Sup Ct, it is helpful to take the time to focus on and read the actual words of these Code sections. I would suggest a series of panels "deconstructing" key Code sections. I have seen something similar recently in a state program about relief from stay under 362(d). The speakers broke down the statute into is very technical subparts. There were a lot of "I did not know that was what the statute really said" sort of moments. The audience was actively involved. This program (or "series" could work for business and consumer programs. Other Suggested Speakers David Cox david@coxlawgroup.com Cox Law Group, PLLC

Getting to Consent: Plan Classification, Voting and Negotiating Strategies Under Subchapter V Review considerations for designing your classes of claims under a plan when you seek to have all impaired classes accepting the plan. Dealing with government creditor claimants (not inclined to vote). Dealing with other "national" creditors on small cases (where creditor counsel may not be involved). Strategies for encouraging voting and/or dealmaking. Understanding impairment (and when votes are not required). What is a "prompt" cure for purposes of impairment. Risks of artificial impairment. Getting to consent. A review of all of the creative chips that can be traded back-and-forth between creditors and debtor's counsel to negotiate consensual plan. Business David Cox david@coxlawgroup.com Cox Law Group, PLLC

State-Level Remedies in Cross-Border Cannabis Cases This session will review the issues associated with the restructuring of cross-border cannabis entities through state-level remedies such as receiverships and assignments for the benefit of creditors. Relying on recent case studies, the panel will explore the impact of state-level regulatory regimes and other factors on the selection of remedy. Participants will leave the session with an understanding of (a) state-level remedies available to assist distressed cannabis companies and (b) how to evaluate the utility of each given the regulatory regimes in the jurisdictions where the company operates. Debtor Richard Williams rwilliams@brileyfin.com B. Riley Advisory Services

It is time to amend Bankruptcy Rule 9031 to permit the appointment of special masters in bankruptcy. Discussion of the compelling reasons why Bankruptcy Rule 9031 should be repealed or amended to allow for the appointment of special masters in bankruptcy cases and proceedings. Debtor Suggested Speakers Mark Conlan mconlan@gibbonslaw.com Gibbons P.C.