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Let’s Talk Appeals: How Do Appellate Courts Approach Bankruptcy Issues?
Every now and then, a reviewing court issues a decision that seems contrary to the statutory language or underlying policy of the Bankruptcy Code. Perhaps it was a decision based on bad or unusual facts; perhaps it was a decision that focused on the text more than the policy of the Code. Regardless, practitioners and bankruptcy judges must work with these decisions in cases before them. This panel will talk about the appellate decision-making process.
The Supreme Court Has Ruled, Twice!
Insurance carriers are now permitted to participate in the plan-confirmation process, even when a plan is “insurance neutral.” How do recent Supreme Court rulings change the confirmation process, or will the Bankruptcy Code permit debtors to alter the rights of insurance carriers over their objection of insurance and bind them to the terms of the plan? Finally, there are no circuit splits, no nonconsensual third-party releases under a plan — or is the issue still unsettled when the plan “pays claims in full,” and what does it mean to “consent” to a release? Opt-in, opt-out, negative notice: What works? This panel will provide an overview of the U.S. Supreme Court’s decisions in Truck Insurance Exchange v. Kaiser Gypsum Co. Inc., et al. and Harrington v. Purdue Pharma L.P., et al. and how they impact a debtor’s ability to confirm a plan. The panelists will discuss how debtors and insurance carriers will need to work to address their competing needs. The panelists also will discuss how debtors will address mass-tort bankruptcies without the third-party-release tool or workarounds, and will look to the case law and confirmed plans in circuits where nonconsensual releases are not permitted.
Luncheon Keynote
This presentation will explore how generative AI is transforming the legal profession, including its ability to draft legal documents and marketing materials, and will address the professional, legal and ethical risks it presents. Attendees will gain practical insights on AI’s impact and limitations, as well as how to navigate this evolving technology effectively and responsibly.
Judicial Roundtable Workouts: Problems, Problems, Problems!
This plenary will consist of small group huddles with judges and fellow attendees to work through case problems.
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