Arizona CLE Course Catalog

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.

You work hard for the money, so let’s make sure you get it. This panel will discuss ethical considerations governing that all-important process: getting retained and paid by the bankruptcy estate. Aside from covering the basics of retention for young and new professionals, the panelists will address some of the myriad ethical issues governing retention and compensation that can arise, including connection disclosures, concurrent representations of insiders and expense reimbursement.

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.

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.

This session will review the unique issues involved with early and quick ? 363 sales in chapter 11 cases, including financing the case, how to get the sale approved, and what happens to the case after the sale closes.