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How to Handle Small Business Bankruptcies

  • Training

  • Massachusetts Continuing Legal Education, Inc. (MCLE)
  • ID: 5944882
COVID-19 has resulted in the worst business contraction in years, and the shuttering of large portions of the economy. Small businesses are struggling under severe operating restrictions imposed as a result of the pandemic, and are in need of financial restructuring more than ever. Newly enacted Subchapter V, as enhanced by the CARES Act, is the relief valve that provides a quick and affordable pathway to recovery. Individuals who guaranteed the debts of their small business or posted their property as collateral for business loans may additionally qualify to file under Subchapter V.

This new program provides you with the tools you need to adapt your practice for the coming wave of small business 11's. Hear an expert faculty guide you through the new provisions of Subchapter V, bankruptcy forms, and the most recent case law as you learn how to successfully take a case from initial client interview to plan confirmation.

Course Content

2:05 - 2:30 pm
Initial Considerations
Is bankruptcy the best alternative Who is the client and how to avoid conflicts in the small business setting Subchapter V eligibility Benefits and burdens of Subchapter V
Taruna Garg, Esq.,
Murtha Cullina LLP, Stamford
David Koha, Esq.,
Casner & Edwards LLP, Boston
2:30 - 2:55 pm
First Meeting with the Debtor
Information Checklist/Questions to AskAssemble the TeamExit Strategy/ Plan Outline
David Koha, Esq.,
Casner & Edwards LLP, Boston
2:55 - 3:20 pm
The Role of the Financial Professional
Financial statements and reports upon filing and pre-confirmationProjections for confirmation
Matthew R. Flynn,
Verdolino & Lowey, PC, Foxborough
3:20 - 3:45 pm
First Day Filings
Financial Disclosures unique to Subchapter VAuthority to Continue Operating: Cash Collateral Usage, Paying employees, critical vendors, taxes, and insurance, utilities
Taruna Garg, Esq.,
Murtha Cullina LLP, Stamford
David Koha, Esq.,
Casner & Edwards LLP, Boston
3:45 - 4:10 pm
Subchapter V Timeline and the Role of the Subchapter V Trustee and UST
Conferences Reporting Role of UST How Trustee is paid
Kara S. Rescia, Esq.,
Rescia Law, PC, Enfield
Lisa Tingue, Esq.,
Office of the US Trustee, Worcester
4:10 - 4:35 pm
Plan Confirmation and Consummation
Consensual v. non-consensual plans Solicitation and voting Cram down scenarios Mortgage modification Plan distributions and payments, and the continuing role of the Subchapter V Trustee
Taruna Garg, Esq.,
Murtha Cullina LLP, Stamford
David Koha, Esq.,
Casner & Edwards LLP, Boston
Kara S. Rescia, Esq.,
Rescia Law, PC, Enfield
4:35 - 4:45
Subchapter V Amendments
CARES Act Appropriations Act of 2021
David A. Mawhinney, Esq.,
Standing Chapter 13 Trustee (Central & Western Divisions), Worcester
4:45 - 5:00 pm
'Ask the Experts' Q&A Session
Panel
Please Note
This webcast is delivered completely online, underscoring their convenience and appeal.
There are no published print materials. All written materials are available electronically only.
They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

Speakers

Cochairs
Donald R. Lassman, Esq.,
Law Office of Donald R. Lassman, Needham
David A. Mawhinney, Esq.,
Standing Chapter 13 Trustee (Central & Western Divisions), Worcester
Steven Weiss, Esq.,
Shatz, Schwartz, and Fentin, PC, Springfield

Faculty
Matthew R. Flynn,
Verdolino & Lowey, PC, Foxborough
Taruna Garg, Esq.,
Murtha Cullina LLP, Stamford
David Koha, Esq.,
Casner & Edwards LLP, Boston
Kara S. Rescia, Esq.,
Rescia Law, PC, Enfield
Lisa Tingue, Esq.,
Office of the US Trustee, Worcester