Small Business

Bankruptcy Wage Orders - Employers & Trustees, Working Together Employers often receive the wage orders when an employee files for bankruptcy. For the employer, it can be complex and challenging to understand all the various requirements in processing the automatic stay, implementing the wage withholding and sending the payments on to the Trustee's. In this session, you will hear insight, challenges and best practices when processing wage orders from employers and Trustees. Working together and open communication is key to a successful process. Participants will better understand the challenges employers face in implementing wage orders. The relationship between the trustee and the employer are critical to ensuring the process is accurate and efficient. Creditor Suggested Speakers Corrinne Flores corrinne.flores@adp.com ADP, INC (employer service provider)

Digital Assets Are Coming to a Bankruptcy Near You This session will introduce participants to the very hiogh likelihood that digital assets could be a part of a bankruptcy estate given the rapid growth in the use of digital assets to transact business and in the number of people in the United States that own digital assets. Participants will be made aware of the resources, tools, and professional services available to locate, track, quantify, value and recover digital assets for the bankruptcy estate. 1. Participants will gain a working understanding of blockchain technology, cryptocurrencies and other digital assets and their rapid adoption by individuals and businesses.
2. Participants will learn to identify signs that a party may possess digital assets and will be familiar with the resources available to aid in discovering and identifying digital asset ownership.
3. Participants will learn about the techniques and tools available to trace and recover digital asset transactions.
4. Participants will learn the basic issues and challenges in valuing digital assets. Creditor Suggested Speakers Marc Schwartz Mschwartz@schwartzassociates.us Schwartz Associates, LLC

Landing the Plane: Dealing with post-confirmation events in a subchapter V case So the case is confirmed... but the "life" of the business (or the person) continues and "life" happens.... Default in payments, death, disability, inheritance are just a few of the many topics this panel could cover, particularly noting the differences (if any) between those events in a "consensual" versus "nonconsensual" case. Other David Cox david@coxlawgroup.com Cox Law Group, PLLC

Alternatives to bankruptcy filings Session will identify options to bankruptcy for struggling companies and explain why certain alternatives should be considered and in certain instances utilized. Many bankruptcy practioners are not familiar with non-bankruptcy options such as ABCs and UCC sales which in many instances are far superior to the bankruptcy option.

This session will educate the practitioner so that that individual can provide proper advice and representation for the struggling business client. Business Suggested Speakers Randy Nussbaum randy.nussbaum@sackstierney.com Sacks Tierney Scottsdale

Article 9 Sales Because bankruptcy attorneys are being asked to find non-bankruptcy solutions more and more, to avoid the expense of full-blown bankruptcy, I would love to develop competencies in areas just adjacent to our normal practice area.

Article 9 sales are one area that are so close. I would love to know more. From understanding the goals of private equity/private finance to understanding the nuts and bolts of service requirements, potential litigation tactics that may come in to play after the fact with creditors, to traps for the unwary, I think there is a lot to cover here. Business Jennifer McLemore jmclemore@williamsmullen.com Williams Mullen

C-Suite or Fee Earners - who should lead? Panel session with 4 panelists discussing whether firms are better led by their own partners/fee earners stepping up to Managing/Senior Partner roles, or if a separate CEO / CFO / COO structure that is run by professionals who are not fee earning is more suitable in this day and age. Looking at relevant leadership issues such as Succession Planning, Fees and Profitability, Retaining Talent and big issues that will affect over the next 5 years. Non technical session aimed at leadership and growth Business Suggested Speakers Bhavesh Patel bpatel@tta.lawyer Travers Thorp Alberga

SBA Loans In and Out of Bankruptcy Over the past several years, untold numbers of small businesses have incurred excessive amounts of SBA loans, first EIDL disaster loans at the onset of the pandemic (usually about $150K) that were then increased almost with no underwriting to up to $2M. Many of those businesses have collapsed now. In bankruptcy, the US Trustee is reviewing cases for fraud in some circumstances (for misuse of the SBA loan proceeds). Under what circumstances are the businesses (and their owners) at risk? Outside of BK, there are options for hardship repayment plans and/or offers in compromise. The SBA took numerous 2nd blanket liens on all assets -- and those need to be addressed. In some cases, borrowers can negotiate asset sales or the release of liens with the SBA. This program would review all facets of these cases which impact 99% of small businesses now. Business David Cox david@coxlawgroup.com Cox Law Group

PPP and similar Litigation: The Pandemic is over. Now, where did all of that money go? During the Covid Pandemic, the Federal , State and Local governments make billions of dollars in loans to all sizes of business. These programs were rolled out very quickly and the potential for fraud was huge. Now as things shake out, various of the entities that provided the funds are discovering fraud, of all shapes and sizes and bringing suits to recover wrongfully made or fraudulently obtained loans. This session will discuss the various programs, the litigation that is now being pursued by the various "lending sources" and how and when Bankruptcy is being used or implicated by this litigation. This session should address loans made to all size businesses - from the mom and pop business to the multi-million or billion businesses and the various frauds that have been discovered . Attendees will understand the various types of frauds and other issues that have arisen as a result of these "lending" programs being used improperly.
Attendees will understand the various ways in which Bankruptcy can or may be used to either pursue recovery or avoid recovery as a result of the fraud and other improper ways in which these programs were used and abused. Debtor Janet Baer janet_baer@ilnb.uscourts.gov US Bankruptcy Court, ND IL

Uniform Law on Assignment for Benefit of Creditors I'm on the Uniform Law Commission's Drafting Committee for a uniform law on assignments for benefit of creditors. I'll discuss the uniform law process and provide information on assignment for benefit of creditors issues, how those issues relate to bankruptcy, and the potential for a uniform law thereon. Under the laws of most states, assignment for benefit of creditors ("ABC") is an unutilized, or under-utilized, tool. That's because most states either, (i) have no ABC statute, or (ii) have ABC statutes with poison-pill provisions that no one wants to use. I'll discuss how a uniform law will make the ABC tool available and usable and its connection with bankruptcy. Business Suggested Speakers Donald Swanson don.swanson@koleyjessen.com Koley Jessen P.C., L.L.O.

Anatomy of Business Failure Bankruptcies are on the rise, sub-chapter v has been wildly successful and non-bankruptcy alternatives continue to see acceptance around the country, especially for start-up, venture backed companies. What leads to the decisions on how to end a company's life. The discussion will (should) feature Prof. Elizabeth Pollman from the University of Pennsylvania Carey Law School, who is researching this subject. Other Suggested Speakers Geoff Berman glberman7895@gmail.com Former ABI President