2015 Rocky Mountain Bankruptcy Conference

When solvent debtors file for bankruptcy protection, some funny things happen under the Bankruptcy Code. This panel will investigate what can be learned from that and how to handle these curious, but not uncommon, cases.

This is a chance for you to be a Supreme Court Justice. This panel will present the arguments on both sides of several important bankruptcy issues on which the circuits are split. Learn about the issues, and decide on which side of the divide you fall.

This panel will discuss “Stern problems” regarding bankruptcy court jurisdiction and the standing of various parties in light of the Supreme Court’s ruling in Executive Benefits Insurance Agency v. Arkison in order to identify simple solutions to these complex constitutional problems. The faculty will explain the key Supreme Court cases on constitutional jurisdiction and apply these cases to fact patterns involving preference claims, a Ponzi scheme case, a typical fraudulent conveyance claim, and a typical state law contract claim. The panel will also present the leading cases on standing and attempt to integrate a discussion of standing into the fact patterns.