South Carolina

Panel presented by the International Committee of the American College of Bankruptcy

The panel will consider whether, if so, to what extent arbitration agreements could be used to resolve problems arising in the course of cross border insolvency proceedings. Hon Paul Heath QC and Dr. Stephan Madaus will discuss questions of arbitrability, use, and enforcement of awards in such cases; particularly under the New York Convention. Prof Troy McKenzie and Corrine Ball will focus more specifically on the use of arbitration in Chapter 15 proceedings.

Presented by the Emerging Industries and Technology & Secured Credit Committees
This panel explores and navigates distressed-investing issues relating to sales of technology and IP under § 363, and buyer identification in a virtual landscape.

Presented by the Claims Trading and Commercial Fraud Committees
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.

Bankruptcy lawyers are confronted with daily decisions that may have ethical traps. This panel of experts will identify some of these traps and show you how to avoid them.

Presented by the Business Reorganization and Bankruptcy Litigation Committees
This panel will focus on two important issues that have arisen during the COVID-19 pandemic: The availability of nunc pro tunc orders in the wake of Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, __ S. Ct. __, No. 18-921, 2020 WL 878715 (Feb. 24, 2020), and the battle between landlords and debtors across the country regarding the deferral of rent pending the pandemic and beyond the period authorized by the Bankruptcy Code.