Bankruptcy 2026: Views from the Bench

ABI’s Bankruptcy 2026: Views from the Bench program is a unique opportunity for bankruptcy practitioners to hear from more than 20 sitting and retired bankruptcy judges during a full day of high-quality CLE and networking opportunities. This year’s program was held at the Georgetown University Law Center.

This panel addresses pressing issues related to the use of AI in the courtroom and the use of AI by the bankruptcy courts. The panelists focus on ethical issues related to the obligation of candor to the court, use of evidence, discovery and privilege issues, and the how the existing rules do or do not adequately address the current and expected AI landscape.Learning ObjectivesAttendees will recognize the ethical obligations of candor to the court when AI tools are used in preparing filings, evidence, or arguments.Attendees will examine emerging evidentiary, discovery, and privilege issues arising from the use of AI by litigants and the courts.Attendees will assess the adequacy of existing rules and standards in addressing current and anticipated uses of AI in bankruptcy practice.

This panel discusses hot topics and frequent pitfalls in subchapter V cases.Learning ObjectivesAttendees will identify common eligibility issues and disputes that arise in subchapter V cases.Attendees will examine the role of the subchapter V trustee and recurring issues in plan confirmation, including feasibility and the absolute priority rule.Attendees will develop practical strategies for navigating the compressed timelines and procedural challenges unique to subchapter V practice.

Debate 1: RESOLVED, that it is permissible, and may be appropriate, for a judge, with the express consent of the parties, to serve as a mediator in a case that is pending before that judge.Debate 2: RESOLVED, that in a chapter 15 case, a bankruptcy court should recognize and enforce a foreign restructuring that includes a third-party release even if the debtor is headquartered in the U.S. but filed abroad for the purpose of circumventing the rule of Purdue Pharma.Learning ObjectivesAttendees will evaluate the ethical and practical considerations surrounding judicial participation as a mediator in a case pending before that judge.Attendees will analyze the legal and policy arguments for and against recognizing foreign restructurings containing third-party releases under chapter 15.Attendees will assess the implications of Purdue Pharma on forum selection strategies and cross-border restructuring practice.

This panel discusses issues related to preparing for the bankruptcy filing and “first-day” issues, including creditor-on-creditor issues, operational issues, liability management issues (LMEs), Restructuring Support Agreements (RSAs), DIP-financing disputes and other recent developments related to first-day filings.Learning ObjectivesAttendees will recognize key pre-filing considerations, including creditor-on-creditor dynamics and operational issues that shape a debtor's strategy going into bankruptcy.Attendees will assess the use of liability management exercises and restructuring support agreements in structuring a case before and at filing.Attendees will examine recent developments in DIP financing disputes and other first-day issues affecting the early stages of a bankruptcy case.

This panel covers pending pertinent U.S. Supreme Court and appellate cases, as well as recently decided cases.Learning ObjectivesAttendees will summarize significant pending Supreme Court and appellate cases likely to impact bankruptcy law and practice.Attendees will analyze the key holdings and reasoning of recently decided Supreme Court and appellate bankruptcy decisions.Attendees will evaluate the practical implications of these developments and anticipate how they may affect future case strategy and outcomes.

This panel discusses hot topics and recent developments related to confirmation issues, including third-party releases, plan issues and lender priority battles.Learning ObjectivesAttendees will understand the current legal landscape governing third-party releases in plan confirmation, including recent case law developments.Attendees will identify common plan confirmation issues and challenges, including feasibility, classification, and cramdown disputes.Attendees will recognize emerging trends in lender priority disputes and develop strategies for navigating intercreditor conflicts in the confirmation process.