Considerations for Customers Distressed Due to COVID-19


CLE credits earned: 1 GENERAL (or 1 LAW & LEGAL for WA state)

The headline on the New York Times reads “The Death of the Department Store: Shuttered flagships. Empty malls. Canceled orders. Risks of bankruptcy. The coronavirus has hit the behemoths of the retail world.” We need to prepare our clients for what may be coming. Our clients need to be acting proactively, and intelligently, including pre-bankruptcy measures to maximize possible post-bankruptcy recovery. We hope that after this presentation, you will understand some of the bankruptcy issues to consider as your clients try to collect from their COVID-depressed customers.

Key topics to be discussed:

•   General Overview of Commercial bankruptcy
•   Preference law and defenses
•   The treatment of consignment sales and critical vendor relationships in bankruptcy
•   Administrative claims for goods shipped shortly before bankruptcy

Date / Time: May 8, 2020

•   3:00 pm – 4:00 pm Eastern
•   2:00 pm – 3:00 pm Central
•   1:00 pm – 2:00 pm Mountain
•   12:00 pm – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

Choose the format you want.


Original Broadcast Date: May 8, 2020

Clint Morse, Esq., a partner at Brooks Pierce, is an experienced bankruptcy attorney and litigator who regularly represents clients in all levels of state and federal courts, including the Federal Bankruptcy Courts and the North Carolina Business Court. He is well-regarded for his innovative approach to novel, precedent-setting cases regarding bankruptcy, intellectual property, and general business issues. Clint has been recognized by The Best Lawyers in America, Benchmark Litigation and North Carolina Super Lawyers for his work. He received his bachelor’s degree from James Madison University and his law degree from Wake Forest University School of Law. Clint is a frequent writer and speaker on bankruptcy law and procedure.

Jamey Lowdermilk, Esq. joined Brooks Pierce after a clerkship in the U.S. Bankruptcy Court. She uses that experience to provide strategic counsel to clients navigating the tumultuous waters of the bankruptcy process. Jamey also represents clients in a wide range of complex business litigation matters, litigating in all levels of state and federal court. She received her bachelor’s degree from the University of the South, her master’s in applied economics & Statistics from Clemson University, and her law degree from the University of North Carolina School of Law. Jamey is a regular speaker and writer on issues ranging from bankruptcy and restructuring to agribusiness and food law.

Accreditation Policy
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

    Automatic MCLE Approvals

All myLawCLE CLE programs are accredited automatically either directly or via reciprocity in the following states: AK, AR, CA, CT, FL, HI, IL, MO, MT, ND, NH, NM, NJ, NY, and VT. (AZ does not approve CLE programs, but accepts our certificates for CLE credit.)

    Live Video Broadcasts

Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except NV, OH, MS, IN, UT, PA, GA, and LA —these states require in-person attendance to qualify for “Live” CLE credit.

    “Live” Re-Broadcasts

“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NV, OH, MS, IN, UT, PA, GA, and LA]

Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NH, NM, VT, NJ, and NY. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

Section I. Commercial Bankruptcy Introduction

Section II. Preference Law
a) Traditional Preference Defenses
b) Exotic Preference Defenses

Section III. Administrative Claim