Business Law Section Weekly Newsletter
NEW DATE! Analyzing Bankruptcy vs. Workout Options: How to Communicate with Clients
Presented by Chris Callahan, Micah Fogarty, Matt Brown, and Dan Fogarty
September 30, 2020
Blog Post: You Can Come In, But You Can’t Stay - Judge Grossman Dismisses Debtor’s Case for Re-designating Under the SBRA After Deadlines Have Passed. 
Seven Stars on the Hudson Corp., Case No. 19-17544-SMG (Bankr. S.D. Fla. Aug. 7, 2020)
by Erich Durlacher, Burr & Forman

Relying on a plain reading of Sections 1188 and 1189 of the Bankruptcy Code, Bankruptcy Judge Scott M. Grossman dismissed the Seven Stars bankruptcy case based on the debtor’s election to proceed under Subchapter V of Chapter 11 after the expiration of the statutory deadlines for filing a plan and holding a status conference. Judge Grossman declined to extend these statutory deadlines since the timing of the debtor’s election to proceed under Subchapter V – several months after the expiration of these deadlines – was the debtor’s voluntary decision and not a “circumstance beyond the debtor’s control.” The Court expressly disagreed with three decisions by bankruptcy judges in other states that have permitted debtors to re-designate their cases under Subchapter V and liberally granted extensions of these statutory deadlines.

BLS Revamps and Revitalizes its Mentor/Mentee Program
Are you a BLS Member? Have you ever taken the time to read our Bylaws; specifically, have you read Article 1.2, Sections (d) and (h) ("Purpose [of the Business Law Section]"), which state that among the purposes of this section, we are to "provide education and professional development for members of the section in substantive areas of business law (including practice management) practiced by the members of the section, and to enhance business law education generally; and inculcate in section members and promote, support and take actions consistent with the principles of diversity, inclusion, and fellowship in the practice of business law and in the section's activities." Well, that's where the BLS Mentor/Mentee Program steps into the picture. The importance of our contribution as members to this section extends beyond ourselves and intercedes on behalf of our members, into the necessary and inherently rewarding component of our membership, that is: FELLOWSHIP. 
 
You don't have to be a "young attorney" to be a mentee, and you don't have to be a "seasoned attorney" to be a mentor, you just need to be an attorney that is willing to give and receive the knowledge, experience, and wisdom that is best passed on through the relationship building that culminates in mentorship. As such, the IMF Committee has completely revamped and revitalized the BLS Mentor/Mentee program, holding Mentors and Mentee's to a higher standard of Mentorship by creating a Pledge Program that commands accountability, and more importantly, that provides each Mentor/Mentee with the tools necessary to make the most of their Mentorship experience with a quantifiable, efficient, and succinct program that is designed to make the most of the Mentorship experience for all parties involved. We therefore encourage those Mentor's who have signed up (or more importantly, who haven't), to sign up to be a Mentor, commit to the Pledge Agreement, and before the end of October 2020, you will be paired up with a Mentee, who will also have committed themselves to the same Pledge Agreement. Note that we will be tracking the progress of this program, so while we encourage every member to sign up, we do so with a caveat that each be willing to adhere to the guidelines we have set forth in the Pledge Agreement. It's time to put your money where your mouth is, potential BLS Mentors (and Mentees). There is no doubt that we will get many responses from Mentees who crave the benefit of what our section has to offer them. Let's show them that we are willing to rise to the occasion, and honor the Business Law Section's purpose of educating and developing our members and of taking active steps toward fellowship. As a section, we all stand to benefit from it. 
 

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Got any other news to share with your fellow BLS Members?
Kacy Donlon, Chair-Elect of the Business Law Section
1. I'm scared of snakes
2. I earned a varsity letter in college from the trampoline team
3. My favorite movie is The Sound of Music
Judge Specie
1. According to those who know me, I can "whisper" to dogs and horses
2. My hobby that I could never give up is running marathons
3. My favorite movie is Miracle on 34th Street
Dineen Wasylik
1. The hobby I could never give up is doing puzzles with my kids
2. The most interesting place I've visited is Budapest
3. I was able to trace my family history and sit in the same cafe where my grandfather formed his plans to travel to America 60 years prior.