How to Manage Disputes with Bankrupt Debtors Amid a Likely Increase in Defaults and New Debtor Protections Under CARES Amendments to the Bankruptcy Act
Kim Andres
Assistant General Counsel
Citi (Irving, TX)
Adam M. Swanson
Partner
McCarter & English LLP (New York, NY)
With forbearance programs ending and continued mass unemployment inevitably leading to higher default rates, the pandemic is expected to produce a surge in bankruptcies and related litigation. Moreover, changes to the bankruptcy code have created further challenges for creditors dealing with bankrupt debtors. This session will address:
- The provisions of the new legislation relating to definition of income, duration of bankruptcy plans, second moratoriums, and payment deferments
- How the courts are assisting debtors with repaying amounts not paid during forbearance
- Practical changes to bankruptcy court procedures and navigating them as a creditor
- Deterring bankruptcy-related enforcement actions following the pandemic