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Fast But Not So Fast: Recent Developments in PPP Loans and the CARES Act


Level: Advanced
Runtime: 77 minutes
Recorded Date: July 30, 2021
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Agenda

  • PPP Loans - Overview
  • Bankruptcy Issues
  • Foregiveness and Investigations
  • Asset Sales and Investment
  • PPP Loans in Bankruptcy
Runtime: 1 hour, 17 minutes
Recorded: July 30, 2021

For NY - Difficulty Level: For experienced attorneys only (non-transitional)

Description

Uncle Sam said “Take the money...everything will be OK”. Now, the IRS, SBA and Congress are changing the rules, creating new hurdles for distressed businesses. This panel dives into recent legislation in CARES II and the evolving legal and regulatory landscape governing access to, and repayment of, PPP and EIDL loans.

This program was recorded as part of ABI's 2021 Southeastern Bankruptcy Workshop on July 30th, 2021.

Provided By

American Bankruptcy Institute
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Panelists

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April A. Wimberg

Partner
Dentons Bingham Greenebaum

April A. Wimberg is a partner at Dentons Bingham Greenbaum in Louisville, Ky., and serves as co-chair of the firm’s Integration Executive Council. Her practice focuses on commercial and bankruptcy litigation, and her representations include debtors, creditors, committees, trustees and other interested parties involved in litigation arising out of corporate insolvencies. In addition, Ms. Wimberg has served in a variety of government positions, including city attorney and commissioner for the Executive Branch Ethics Commission for the Commonwealth of Kentucky. She received her B.A. in political science in 2000 from the University of Kentucky and her J.D. in 2013 from the University of Louisville.

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Jeremy S. Williams

Partner
Kutak Rock LLP

Jeremy S. Williams is a partner in with Kutak Rock LLP in its Bankruptcy, Restructuring and Creditors’ Rights group in Richmond, Va., where he represents both debtors and creditors in all aspects of bankruptcy, including transactional matters and litigation in federal and state courts. His practice includes creditors’ rights litigation, complex loan workouts, chapter 11 reorganizations and contract disputes, as well as complex business litigation, having represented large and small businesses as well as individuals.

Mr. Williams has served a co-counsel and lead counsel for debtors in numerous bankruptcies, including Alpha Media Holdings Inc., Le Tote Inc., Intelsat S.A., Pier 1 Imports Inc., Toy “R” Us Inc., Gymboree Corp., Penn Virginia Corp., Patriot Coal Corp., Movie Gallery Inc. and On-Site Sourcing Inc. He also represents landlords, vendors and financial institutions in national bankruptcy cases, including CarbonLite Holdings, Forever 21, Bertucci’s, Charming Charlie, Radio Shack and Haggen Holdings. Mr. Williams represents asset-purchasers, preference defendants, secured creditors and other interested parties in numerous bankruptcy cases around the country. He also regularly serves as counsel for chapter 7 and 11 trustees.

Mr. Williams received his B.A. from the University of Virginia and his J.D. from George Mason University School of Law.

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Margaret N. Rosenfeld

Partner
K&L Gates LLP

Margaret N. Rosenfeld is a partner with K&L Gates LLP in Raleigh, N.C., has more than 20 years of corporate and securities law experience both within the U.S. and internationally. Her practice includes public company reporting, corporate governance, public and private financings, security token and digital asset offerings, blockchain technology matters, corporate investigations (internal and government), mergers and acquisitions, and intellectual property protection and licensing. Ms. Rosenfeld is one of two female attorneys in North Carolina to be ranked within the category of Corporate/M&A law by Chambers USA: Americas Leading Business Lawyers, having first been listed in 2013. She has assisted public companies, underwriters and directors with initial public offerings and secondary financings on numerous stock exchanges in the U.S. and internationally, public reporting requirements both pre- and post-Sarbanes-Oxley, corporate governance issues, and internal and external corporate investigations, including interaction with the Securities and Exchange Commission, the NYSE and Nasdaq. She also has experience assisting emerging growth companies as well as mature companies with legal, business and strategic planning, from contractual assistance such as with licensing agreements, distribution agreements, franchise agreements, employment agreements and joint-venture agreements to assistance with public and private debt and equity financing. She is particularly known for assisting companies facing transformative changes as they balance legal and business concerns.

Before joining K&L Gates, Ms. Rosenfeld practiced with a full-service business firm in the Research Triangle region of North Carolina, as well as with two global law firms in London, Frankfurt and Tokyo. Since December 2013, she has served in a voluntary capacity as the Honorary German Consul for Eastern North Carolina, a joint diplomatic appointment by the U.S. State Department and the Federal Republic of Germany that involves representing the interests of German companies in North Carolina and North Carolina companies in Germany, as well as assisting U.S. and German citizens in some legal and consular issues related to Germany.

Ms. Rosenfeld received her B.A. in 1992 summa cum laude and Phi Beta Kappa from Rutgers University, and her J.D. with highest honors from George Washington University Law School in 1997, where she was admitted to the Order of the Coif and was special projects editor of its law review.

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Denise D. Dell-Powell

Of Counsel
Dean Mead

Denise D. Dell-Powell is the chair of Dean Mead’s Bankruptcy and Creditors’ Rights Practice Group in Orlando. She has more than 25 years of experience in bankruptcy and creditors’ rights, as well as distressed property, including CMBS foreclosures, workouts and bankruptcy matters. She has represented secured and unsecured creditors, debtors, chapter 11 trustees, chapter 7 trustees and unsecured creditors’ committees. In addition to a focus on banking and financial institutions, her career also includes representation in the hospitality, restaurant, health care and agricultural industries.

In Ms. Dell-Powell’s business litigation practice, she has represented parties in federal and state court and has experience trying both jury and nonjury trials. Her litigation practice involves representing clients in a broad range of matters, including those involving real estate, mortgage foreclosure, receiverships, lender liability, commercial evictions, partnership disputes and other real estate-based litigation.

Ms. Dell-Powell is a Fellow of the American College of Bankruptcy and a frequent lecturer, presenter and author on bankruptcy, restructuring and related issues. She has presented at conferences and seminars sponsored by the American Bar Association, ABI, Trigild, The Florida Bar, The Bankruptcy/UCC Section of The Florida Bar, the Florida Bankers Association, the Jacksonville Bankruptcy Bar Association, the Central Florida Bankruptcy Law Association and Lorman Education Series.

Ms. Dell- Powell received her B.S. from Florida State University and her J.D. from Mercer University School of Law.

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Hon. Michael A. Fagone

Bankruptcy Judge
U.S. Bankruptcy Court, District of Maine

Hon. Michael A. Fagone is a U.S. Bankruptcy Judge for the District of Maine in Bangor, appointed in April 2015. He is also a member of the U.S. Bankruptcy Appellate Panel for the First Circuit, appointed in April 2016.

Judge Fagone previously clerked for Associate Justices Leigh I. Saufley and Robert W. Clifford of the Maine Supreme Judicial Court. Following his clerkship, he joined Bernstein, Shur, Sawyer & Nelson in Portland, Maine, and was a member of its Business Restructuring and Insolvency Practice Group from 1998-2000, and from 2001-15, where he represented clients in bankruptcy cases and in out-of-court restructurings. While practicing law, Judge Fagone was recognized in The Best Lawyers in America and Chambers USA as one of the top bankruptcy lawyers in Maine. He is Board Certified in Business Bankruptcy Law by the American Board of Certification and served on the board of directors of the Nathan and Henry B. Cleaves Law Library, and on the board of directors of the Dyer/Library and Saco Museum.

Judge Fagone currently serves on ABI’s Board of Directors and volunteers with Credit Abuse Resistance Education (CARE), teaching students about the responsible use of credit and the dangers of credit abuse. He also has volunteered as a coach and an evaluator for Maine Law’s teams in the Conrad B. Duberstein Moot Court Competition.

Judge Fagone received his B.A. from Amherst College in 1993 and his J.D. summa cum laude from the University of Maine School of Law in 1997.


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