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Litigation Round-Up

This panel will discuss a selection of cases that raise current substantive bankruptcy issues and litigation challenges, including how to convince a bankruptcy court to extend the automatic stay (or issue an injunction) to protect debtor-related (but nondebtor) entities from tort or other litigation that could interfere with the plan process (e.g., Robertshaw (S.D. Tex. 2024); Roman Catholic Diocese of Rockville Center (S.D.N.Y. 2023)); how best to present valuation evidence for unusual, complex and illiquid assets, including mortgage-backed securities, derivatives and crypto assets; and how to deal with evidentiary issues — particularly relating to damages — arising in “liability management” litigation. The panelists will conclude with a rapid-fire presentation of successful bankruptcy litigation tips.
1 hour 23 minutes 56 seconds

Luncheon Plenary: ABI Talks 1. Topic: Fighting Plan Exclusivity 2. Topic: Mentoring the Next Generation 3. Topic: Plan Gatekeeper Provisions

In this dynamic session, leading bankruptcy professionals will deliver concise, powerful TED Talk-style presentations on plan gatekeeper provisions, disinterestedness of estate professionals, fighting plan exclusivity and mentoring the next generation.
1 hour 5 minutes 37 seconds

Mental Health Issues: What to Look For, and How to Help/Get Help

In a recent survey, 93% of people said that they have used the past year to reflect on their lives, and 88% said that the meaning of success had changed for them since the pandemic. Yet the number of lawyers suffering from depression, anxiety and substance abuse is greater than ever. How can we help others — and ourselves — navigate this dichotomy? What impact will this have on the ethics policies within the industry?
1 hour 8 minutes 45 seconds

Navigating the Current Developments and Shoals of Subchapter V Cases

This panel will interactively explore the current legislative context of subchapter V, measures and strategies for its success, impediments to its broader use, bad faith or improper purposes, current developments, and what might need to be fixed.

On the Supreme Court's Docket

This panel will analyze and discuss the Supreme Court’s blockbuster decisions in Purdue Pharmaceuticals (non-consensual non-debtor releases), Truck Insurance (insurance neutrality in chapter 11 cases), and John Q. Hammons (refund of unconstitutional US Trustee fee overpayments). Learn about what these decisions mean for similar pending cases and for the future of chapter 11 practice, as well as what these decisions tell us about the Supreme Court and its approach to addressing bankruptcy law issues.
1 hour 10 minutes

Oversight Roles

This panel will engage in a robust discussion and examination of various oversight roles in the restructuring process, based on the panelists' numerous viewpoints.