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Hosted by IWIRC Mountain Desert Chapter While most attorneys focus on passing the bar, there are a select few who have etched their names in history by breaking that bar, refusing to accept anything short of “equal justice under the law.” These legal trailblazers understand that the law is for the living, and change is inevitable to ensure that justice evolves alongside society. Their advocacy and diversity of thought have shaped the very decisions of the highest courts, forging inclusive paths where none existed before. When society was unable to pay its debts to equality and fairness, these attorneys recognized bankruptcy not as an end, but as a tool — a powerful instrument for creditors of life, liberty and the pursuit of happiness. Join us as we explore the untold stories of these remarkable individuals, past and present, who redefine what it means to be impactful in the world of law.

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.

This panel will discuss the wide-ranging changes to the Bankruptcy Code resulting from the 2005 amendments, and how they do and do not continue to affect bankruptcy practice today.

This panel will cover such topics as exculpation/opt-in, opt-out, as well as U.S. Trustee views on programmatic positions vs. litigating a case. The panelists will cover topics relating to fees, such as the role of a fee examiner, and nonestate professional fee requests. Attendees also will learn about the importance of sealing personally identifiable information — and how to do so.

This panel will address recent trends in private credit restructuring.

This panel will discuss and explore the legal bases and practical implications of enforcing a judgment in the context of a bankruptcy case and utilizing state law procedures and remedies. In the context of a bankruptcy case, the panelists will explore issues related to judgments that are nondischargeable or may be nondischargeable, relief from the automatic stay, foreign judgments and their interplay with chapter 15 proceedings, and judgments against nondebtor subsidiaries where assets of the debtor entities might be implicated. Outside of bankruptcy, the panelists will focus on the judgment enforcement mechanisms and tools that exist under New York law, as well as domesticating a foreign or federal court judgment from another state for enforcement in New York.

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 analyze important bankruptcy matters that are pending before the Supreme Court, particularly Kaiser Gypsum and Purdue Pharma.

This panel will review recent trends in liability-management transactions, and will include a discussion of Judge Isgur’s recent decision in WesCo, which addressed the effects of “uptier” transactions.

This panel will discuss cutting-edge controversies and developments regarding the business-judgment rule, standing to bring claims, gatekeeper provisions, and D&O insurance policies, proceeds and ownership.