No CLE

This panel will look at ethical considerations for lawyers and judges that arise in the context of bankruptcy proceedings, including the public interests at stake in large chapter 11 cases. This panel also will evaluate the ethical issues involved in the use of artificial intelligence and mass torts in bankruptcy, and will discuss recent cases and share best practices.

This panel will explore an as-yet-untested question: Can a domestic debtor use the law of another country to effect the restructuring of all or some of its debt, then commence a chapter 15 case and bind U.S. creditors to the terms of that foreign restructuring? Some think that this scenario is inevitable. The panelists will discuss how U.S. and foreign insolvency laws may be utilized by U.S. debtors, and the potential incentives, benefits and risks associated with this type of restructuring.

This panel will discuss the diverging good-faith and bad-faith standards governing dismissal of bankruptcy petitions under § 1112(b)’s “for cause” provision, including for an alleged lack of financial distress in the wake of the Third Circuit’s LTL decision in 2023. The panelists also will discuss post­-LTL efforts to impose a similar standard in the Fourth Circuit in the Bestwall and Aldrich & Murray cases, which thus far have been unsuccessful.

This session is a tribute to Judge Koger and the evolution of 3rd Party Releases from Master Mortgage to Purdue Pharma and the future.

Presented by INSOL Europe

This session will delve into the interaction between physical and cognitive limitations and the practice of law.