West Virginia

The NYIC sponsored this October 22, 2020, session as part of the Insolvency 2020 Summit. The panelists provide an overview of subchapter V and its key provisions, discussing the various perspectives in subchapter V, cash collateral and DIP financing in subchapter V, and general trends in subchapter V cases.

A panel of experts in agriculture bankruptcy insolvency matters will discuss the unique issues and legal strategies facing professionals in these cases, such as problems facing family operations, the nature and benefits of chapter 12 proceedings, plan strategies in chapter 11 and 12 cases, and traps for the unwary in dealing with the different constituencies in a farm case. As these cases become more prevalent, well-prepared practitioners will need a working knowledge of the issues confronting the agricultural sector.

Finally, you think you have the case of your dreams. How do you manage to navigate employment before the bankruptcy court? How do you ensure that you get paid and that neither you nor your client do anything to jeopardize your fees or your reputation? Join this discussion with an esteemed panel and numerous bankruptcy judges in breakout rooms as we discuss the often-confusing ethical issues that present themselves in employment.

The panel will review the criteria to establish insolvency in the context of fraudulent transfers and avoidance actions. We will look at decisions related to the determination of solvency, as well as some of the more challenging valuation and evaluation issues that arise in the conduct of an evaluation. The panel will also review some of the areas subject to challenge on cross-examination.

Type “Small Business Reorganization Act” or “Subchapter V” into your search engine, and there is no lack of questions that have been posed: what the Act means, the CARES amendment, pros and cons, and whether it’s been good for businesses (the answer: maybe not). With all this interest, there is no doubt that the Act is having an impact. Questions about its implementation are being answered as the days go by and as more and more cases find their way into the courts. This session will focus on the results to date, the questions that have been settled, and the questions still in need of answers.