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ABA: Gender & Judging: Does the Gender of the Judge Matter in Bankruptcy Court Adjudications?
For two years this group has studied the influence of a judge’s gender on the processing and outcomes in bankruptcy cases. Leveraging several studies in non-bankruptcy cases on whether gender influences judicial decision making, this study has looked at 837 student loan discharge opinions and compared the outcomes of those cases based on the gender of the judge and the gender of the debtor. The results demonstrate a statistically significant difference in the way men and women decide such cases. The study now expects to examine survey results from male and female judges to assess discernible patterns. This panel will present the results of this study and will discuss some or all of the following questions:
Does gender affect case management?
Does gender affect the perception of witnesses?
Implicit bias and gender
Should counsel tailor case, trial and argument based on the gender of the judge? If so, how can counsel do so?
Does the gender of a party ever play an appropriate role in judicial decision making?
What can judges do to ensure that gender plays an appropriate role in case determination?
ABC: Best Behavior, Use of Technology and Other Taboos
This October 22, 2020 session from the Insolvency 2020 Summit addresses the use of technology by bankruptcy professionals inside and outside of the courtroom. The panel covers practicing in court in a pandemic, lawyers behaving badly, use of technology, lawyers and law firms as bankruptcy debtors, and best practices in fee applications.
AICPA: Solvency Considerations for Financial Advisors
The panel will review the criteria to establish insolvency in the context of fraudulent transfers and avoidance actions. We will look at decisions related to the determination of solvency, as well as some of the more challenging valuation and evaluation issues that arise in the conduct of an evaluation. The panel will also review some of the areas subject to challenge on cross-examination.
AIRA: SBRA — A Lot of Ground Has Been Covered Since February
Type “Small Business Reorganization Act” or “Subchapter V” into your search engine, and there is no lack of questions that have been posed: what the Act means, the CARES amendment, pros and cons, and whether it’s been good for businesses (the answer: maybe not). With all this interest, there is no doubt that the Act is having an impact. Questions about its implementation are being answered as the days go by and as more and more cases find their way into the courts. This session will focus on the results to date, the questions that have been settled, and the questions still in need of answers.
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